JUDGMENT

Sanjay Kumar Gupta, J.—Through the medium of instant petition, petitioner seeks quashing of the order dated 07th April, 2008, passed by the learned Sub-Judge (Special Railway Magistrate), Jammu in the Complaint titled, “Khushal Bali Vs. Romesh Chander Sharma”, filed by the respondent under Section 138 of the Negotiable Instruments Act.

2. The facts in nutshell are that the Cheque No.672434 dated 26th July, 2007 for Rs. 3.00 lacs has been obtained by the respondent from the petitioner by force, coercion and by undue influence in connivance of the Police of Police Station, Gandhi Nagar, Jammu. Aggrieved of the illegal acts of the respondents and that of the police of Police Station, Gandhi Nagar, Jammu, the petitioner has preferred a writ petition bearing OWP No.512/2007 before this Court and the same is pending. The cheque hereinbefore mentioned is under challenge and this Court has been prayed to direct the police concerned to produce the same in this Hon’ble Court. The respondent, without disclosing the fact of the pendency of the writ petition in respect of the cheques he obtained by force from the petitioner with the aid of the police officers, has filed a Complaint aga