NAVEED ANAYAT MUGHAL Vs. FAZAL MEHMOOD BEIGH

JUDGEMENT

(1.) Impugned in this petition is a complaint filed by the respondent against the petitioner under Sec. 138 Negotiable Instruments Act. The complaint is stated to be pending before the Judicial Magistrate 1st Class, Chadoora. The complaint has been challenged by the petitioner, inter alia on the ground that dispute, if any, between the petitioner and the respondent is a civil dispute relating to contract of sale of land and therefore, a complaint is sheer abuse of process of law. It is also urged on behalf of the petitioner that the cheque which is subject matter of complaint has not been issued by the petitioner and same has been stolen by the respondent and presented before the court after forging his signatures. To buttress his submissions, learned counsel for the petitioner submits that a month prior to the date indicated in the cheque, the petitioner had filed a missing report in the police station, Nagrota.

(2.) Considered the submissions made by the learned counsel and perused the complaint.

(3.) The complaint, if read as a whole, does make out a prima facie case of commission of offence under section 138 of Negotiable Instruments Act by the petitioner.