NASIR AHMAD SHEIKH Vs. S MOHAN SINGH

JUDGEMENT

(1.) PETITIONER has filed this petition seeking quashing of the proceedings initiated by learned Judicial Magistrate Ist Class (3rd Additional Munsiff), Srinagar vide his order of October 20, 2007 on respondents complaint under Section 138 of the Negotiable Instruments Act .

(2.) APPEARING for the petitioner, his learned counsel submitted that the learned Magistrate has erred in issuing warrant of arrest against the petitioner even before considering the respondents complaint as directed by this Court while disposing of petitioners earlier 561 -A petition no.21/2006 on 12.07.2007, and that, the process issued on respondents complaint against the petitioner was even otherwise illegal, in that, the complaint did not disclose commission of offence under Section 138 of the Negotiable Instruments Act against the petitioner.

(3.) LEARNED counsel further submitted that the dispute between the parties to the complaint being purely of a civil nature, resort to the criminal law by the respondent was an abuse of the process of court, which warrants quashing of the proceedings before the learned Judicial Magistrate.