NAZIR AHMAD DAR Vs. FAIYAZA SULTANA

JUDGEMENT

(1.) It is being admitted by giving brief reference of the same in the present petition that cognizance had been taken by learned Chief Judicial Magistrate, Srinagar, on a complaint titled Mrs. Faiyaza Sultana v. Nazir Ahmad Dar on 2/11/2015, in terms of which process was issued and the petitioner summoned to face charge of the commission of offence under Sec. 138 Negotiable Instruments Act. The evidence of the complainant had been recorded and thereafter the petitioner had been convicted for the commission of offence under Sec. 138 Negotiable Instruments Act. Same had been challenged before the learned Principal Sessions Judge, Budgam, who had set aside the conviction and sentence on 4/10/2017, in terms of order annexed with the petition (as Annexure IV). Direction was given to the trial court to proceed further in the matter with following observations:

(2.) The order passed by learned Principal Sessions Judge was called in question in terms of earlier petition filed before this Court bearing CRMC No. 339/2017 C/w CRMC Nos. 340, 341, 342 of 2017, which was disposed of as stated in the petition with the following directions:

(3.) It is not thus dispute that the petitioner on appearance before the Court which took cognizance in the matter had given his account regarding allegations levelled in terms of complaint annexed with the petition (as Annexure-III). The allegations levelled against the petitioner as referred in complaint are as: