SUBASH MEHRA Vs. IRSHAD HAMID

JUDGEMENT

(1.) In the instant petition filed under section 561-A Cr. P.C. petitioner seeks quashment of the complaint titled Israr Hamid v. Subash Mehra pending in the Court of First Additional Munsiff (Judicial Magistrate, Ist Class), Srinagar, on the grounds detailed out in the petition, with particular reference that the trial Magistrate has no jurisdiction as the Cheque has been issued at Jammu and has been send to the Jammu Central Co-operative Bank for collection.

(2.) It is also submitted that the trial Magistrate has no jurisdiction as the notice has been served on the petitioner at Jammu and mere serving of notice at Srinagar does not form a ground for maintaining the writ petition in Srinagar.

(3.) It is further submitted that assuming for the sake of arguments that the complaint was rightly filed by the respondent at Srinagar and that the trial Court had jurisdiction to proceed with the complaint, yet it is submitted that before taking cognizance of the complaint, the trial court was supposed to examine the complaint and the witnesses present, if any, upon oath and the substance of the examination had to be reduced in writing and had to be signed by the complainant and the witnesses as also by the Magistrate.