PANKAJ DAYAL Vs. VIJAY K. SONDHI

JUDGEMENT

(1.) Vide this order, three petitions bearing 561-A Cr. P.C. Nos. 15, 16 & 17 of 2016 between the same parties, are being decided. Narration of facts is from 561-A Cr. P.C. Nos. 16 of 2016.

(2.) Brief facts of the case are that three criminal complaints i.e. No. 8615, 8616 and 8617 of 2015 were filed by the respondent against the petitioner in the Court of the Magistrate 1st Class (Sub Registrar), Srinagar u/s 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 and on the basis of the same, the petitioner stands summoned. Summoning order is not on the record. However, copy of the complaint has been placed on record in each of the cases.

(3.) That as per averments in the petition, the petitioner allegedly borrowed a sum of Rs. 1,50,00,000.00 (Rs. One crore fifty lacs) from the respondent in the year 2011 under an agreement to repay the same as per agreement, that allegedly a notice of demand was issued on 07.10.2015, which was duly served upon the petitioner but was not responded to, leading to institution of a complaint u/s 138 of the Negotiable Instruments Act, 1881 before the Court of the Magistrate 1st Class (Sub Registrar) Srinagar.