Satya Prakash Arya VS Syed Abid Jalali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJAY DHAR
Satya Prakash Arya – Appellant
Versus
Syed Abid Jalali – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Z.A. Qureshi, Sr. Advocate with Mr. Agha Faisal Ali, Advocate
For the Respondent: None

JUDGMENT

The petitioner has challenged the complaint filed by respondent against him before the Court of learned Chief Judicial Magistrate, Srinagar (hereinafter referred to as “the Trial Magistrate”), alleging commission of offences under Section 499 of RPC read with Section 500 and 201 of RPC. Challenge has also been thrown to order dated 23.06.2016 passed by the Trial Magistrate whereby process has been issued against the petitioner.

2. It appears that the respondent has filed a complaint against the petitioner before the learned Trial Magistrate alleging therein that in the usual course of mercantile transactions, he was conducting business of sale and purchase of jewellery and other articles with the petitioner for so many years. It has been alleged in the impugned complaint that in the year 2013, during the course of the business, the respondent/complainant issued three cheques for an amount of Rs.14.00 lacs for clearing the outstanding liability and in this regard, an agreement was executed between the parties. In spite of this settlement, the petitioner/accused filed an application before the Chief Judicial Magistrate, Jaipur against the respondent/complainant which was ref

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