NAZIR AHMED KABOO Vs. FEROZ IQBAL

JUDGEMENT

(1.) REVISIONIST is aggrieved of order dated 22.05.2007 passed by learned Chief Judicial Magistrate, Sopore. By virtue of order impugned, application challenging jurisdiction vis -a -vis complaint titled Feroz Iqbal Vs. Nazir Ahmed Kaboo, has been dismissed.

(2.) SHORN of details, factual matrix of the case is, that petitioner herein is alleged to have borrowed an amount of rupees two lacs from the respondent. Later on, for liquidating the said amount, bearer cheque bearing no.1740488 dated 19.10.2005 amounting to rupees one lac and another cheque bearing no.1740482 dated 13.10.2005 for amount of rupees one lac drawn on Jammu & Kashmir Bank, Branch Handwara, allegedly have been issued by the respondent. When cheques were presented for payment, were returned due to insufficiency of funds in the account of the account holder i.e the petitioner. Consequently, a request for payment is alleged to have been sent to the petitioner by the respondent. Failure to respond the notice of demand, prompted the respondent to file two separate complaints bearing file nos.62 -A and 63 -A. File no.62 -A is vis -a -vis cheque no.1740482 while as file no.63 -A is vis -a -vis cheque no.1740488. Perusal of the subordinate record reveals that learned court below after taking cognizance of the case, recorded statement of some of the witnesses and finally complainants evidence has been closed vide order dated 20.02.2007 and case posted for examination of the accused. Before same could be done, accused, (petitioner herein), moved an application praying for dismissal of the complaint on the ground of jurisdiction.

(3.) IN short, in the application, it has been projected that trial court has no jurisdiction to try the complaint. Learned court below after hearing both the parties has vide order impugned dismissed the application filed by the petitioner opining therein that the court has jurisdiction to try the matter. It is the said order, separately passed in two complaint files, which has been challenged by virtue of criminal revision No.21/07 and Cr. Revision 15/2007. Since the facts are identical and identical question is involved for determination, therefore, both the two petitions are taken up together for disposal.