NASEER AHMAD DAR Vs. SHAHZAD AHMAD DAR

JUDGEMENT

(1.) This petition under Section 561-A Cr. P.C., has been filed by the petitioner seeking quashment of complaint and the proceedings pending before the Court of Judicial Magistrate, Baramulla in case titled Shahzad Ahmad Dar v. Naseer Ahmad Dar , whereby the learned Judicial Magistrate has taken cognizance and issued process in terms of order dated 05.11.2012.

(2.) Case of the petitioner is that a complaint under Section 138 read with section 140 of Negotiable Instrument Act was filed against him before the Judicial Magistrate, Baramulla titled as "Shahzad Ahmad Dar v. Naseer Ahmad Dar" . It is submitted that respondent (therein) has issued a cheque of Rs. 15.00 lacs which got bounced. It is submitted that Learned Judicial Magistrate Baramulla (hereinafter called "Trial Court") took cognizance of the matter without recording the statement of complainant on oath as per the procedure envisaged under section 200 of Cr.P.C, issued the process in terms of order dated 05.11.2012.

(3.) It is further submitted that after taking of cognizance the petitioner appeared in the matter, recorded statement in terms of Section 242 Cr.P.C. It is submitted that petitioner (herein) in his statement stated that his some cheques were missing and regarding the missing cheques he had lodged a report before the concerned police station on 20.06.2012. It is submitted that a cheque was produced before the concerned Bank for withdrawal which in fact was one of the missing cheque for which the petitioner has already lodged a report in the concerned Police station.