MOHAMMAD BASIM MALIK Vs. ABDUL HAMEED DAR

JUDGEMENT

(1.) Through the instant petition, petitioner seeks transfer of the proceedings in the shape of criminal complaint titled Abdul Hameed Dar vs. Mohammad Basim Malik under Section 138 Negotiable Instrument Act read with Section 420 RPC from the Court of Judicial Magistrate 1st Class Charar-i-Sharief to any competent Court of jurisdiction at Jammu.

(2.) The petitioner claims to have been served with a notice from the Court of Munsiff JMIC Charar-i-Sharief Kashmir in a complaint filed by the respondent-Abdul Hameed Dar with regard to dishonor of cheque.

(3.) Learned counsel for the petitioner states that both the petitioner and respondent are carrying on business of dry and fresh fruits, like Almond, Wall Nuts. The petitioner issued certain cheques to the respondent at Jammu from his account maintained at Town Hall, Jammu. The cheques so issued to the respondent were presented before the J & K Bank Branch Charar-i-Sharief for encashment on 12.06.2017 and the banker of the petitioner has returned the cheques with a memo containing the remark "Not sufficient". Aggrieved thereof, respondent filed a complaint under Section 138 of the Negotiable Instruments Act read with Section 420 RPC against the petitioner before the Court of Munsiff JMIC Charar-i-Sharief Kashmir.