MOHAMMAD ASHRAF WANI Vs. MUZAMIL BASHIR

JUDGEMENT

(1.) Briefly stated, the facts of the case are that the respondent filed three complaints before the Chief Judicial Magistrate, Sopore on 22nd November, 2014 against the petitioner under Section 138 of Negotiable Instrument Act (hereafter for short 'the N.I.Act'). While the three aforesaid complaints were pending adjudication, the petitioner entered into the compromise with the respondent, in which he agreed to pay sum of Rs.35,50,000/-(Rupees Thirty five Lac and Fifty Thousand only) to the respondent by the end of June, 2015. Accordingly, the settlement/compromise deed was executed, notarized and placed before the Chief Judicial Magistrate.

(2.) Taking cognizance of the compromise deed, the learned Judicial Magistrate dismissed the two complaints (Complaint No.9-A/N and 12-A/N) and the petitioner-accused was acquitted of the charges under Section 138 of the N.I. Act. However, the 3rd complaint i.e Complaint No.50/N was ordered to continue and was posted for further proceedings.

(3.) It appears that the petitioner did not fulfill his promise and did not pay the amount as agreed to by him, as such, the respondent approached the court of the learned Chief Judicial Magistrate with an application for revival of those two complaints, which were earlier dismissed in view of the settlement/compromise arrived at between the parties. The aforesaid application was entertained by the learned Chief Judicial Magistrate and notice was issued to the petitioner. It further transpires that due to the non-appearance of the petitioner, even warrants were ordered to be issued against him. Aggrieved, the petitioner has come to this Court through the medium of this petition which he has filed under Section 104 of the Constitution of Jammu & Kashmir. In the petition he has challenged the proceedings undertaken by the Chief Judicial Magistrate for revival of two complaints and also the warrants issued against him by the learned Chief Judicial Magistrate, Sopore.