BASHIR AHMAD MIR Vs. ABDUL AHAD GANAI

JUDGEMENT

(1.) PETITIONER has invoked jurisdiction of this Court for quashing order dated 29.12.2007 passed by Sessions Judge, Pulwama. in a revision petition titled Abdul Ahad Ganai v. Bashir Ahmad Mir, setting aside the order dated 30.11.2006 passed by Judicial Magistrate (Sub-Judge), Pulwama, on the grounds taken in the petition.

(2.) IT appears that Abdul Ahad Ganai, complainant/respondent filed a complaint under Section 138 of the Negotiable Instruments Act (for short 'the Act') before the Judicial Magistrate, (Sub-Judge), Pulwama. Preliminary statements of the complainant and two witnesses came to be recorded, cognizance drawn and process issued against the alleged accused namely Bashir Ahmad Mir. Bashir Ahmad Mir/ petitioner appeared and filed an application before the Trial Court for dropping of the proceedings and for dismissal of the complaint. The application came to be allowed vide order dated 30.11.2006 and the complaint came to be dismissed. Feeling aggrieved, the complainant Abdul Ahad Ganai filed a revision petition before the learned Sessions Judge which came to be allowed vide order dated 29.12.2007. S T P L - Dishonour of C heque Judgements 13.1 [This product is licenced to keyur, ahmedabad, ahmedabad]

(3.) AFTER considering the matter in its entirety, I am of the considered view that the order passed by learned Sessions Judge, Pulwama is illegal, erroneous and suffers from non-application of mind for the following reasons.