SHAHNAWAZ AHMAD LONE Vs. GH. NABI HURRA

JUDGEMENT

(1.) Petitioner in the instant petition, is seeking quashment of complaint titled Ghulam Nabi Hurra v, Shahnawaz Ahmad Lone, filed by respondent under Section 138, 142 of Negotiable Instrument Act as also process issued by the court of Judicial Magistrate 1st Class, Sumbal, Sonawari, on the grounds detailed out in the petition.

(2.) Briefly put, petitioner states that respondent has filed a criminal complaint on 20.10.2016 under Section 138, 142 of Negotiable Instrument Act, before learned Judicial Magistrate 1st Class, Sumbal, Sonawari, on the contention of dishonour of cheques for Rs. 50 Lacs, stated to have been issued by petitioner in favour of respondent herein. Legal notice, according to petitioner, was duly served upon petitioner by respondent and thereafter the complaint filed before the Trial Court. Further submission of petitioner is that he is a reputed businessman dealing with fruit business in District Bandipora and a law abiding citizen and has never indulged in any illegal activities and that petitioner has not issued any cheque in favour of respondent. It is averred that respondent is strange and is not known to petitioner and is not having any sort of business transaction with petitioner and that respondent has illegally flinched two cheques from petitioner and misled the Trial Court by suppressing and concealing the material fact by registering a criminal complaint.

(3.) Heard learned counsel for petitioner at length. Perused the record and considered the matter.