JUDGMENT

Sanjeev Kumar, J.—The petitioner, by way of this petition filed under Section 561-A of the Code of Criminal Procedure, seeks quashment of the complaint as also the order dated 27th of February, 2016, whereby application of the petitioner/accused seeking his discharge in a complaint filed by the respondents under Section 138 of the Negotiable Instruments Act (“the Act” for short) has been dismissed by the Court of Passenger Tax, Srinagar (the Trial Magistrate).

2. With a view to appreciating the grounds of challenge taken by the petitioner, who shall be hereinafter referred to as the accused, it shall be appropriate to notice few relevant facts.

3. The respondents filed a complaint under Section 138 of the Act before the Trial Magistrate. The Trial Magistrate, after taking cognizance in the matter, issued process for the presence of the accused.

4. In response to the summons issued by the Trial Magistrate, the accused caused his appearance before the Trial Magistrate and filed an application seeking dismissal of the complaint and his discharge on the ground that before the actual presentation of the cheque by the complainant in the Bank, the accused had, in advance, re