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2008 Supreme(J&K) 300

MANSOOR AHMAD MIR
Bashir Ahmad Mir – Appellant
Versus
Gh. Hassan Ganai – Respondent


Advocates Appeared:
Advocate For Appellant: Altaf Haqani
Advocate For Respondent: Musbat
Advocate For Respondent: M.Y. Bhat

1. The petition under Section 561-A Cr. P.C. in hand, is directed against the order dated 29th of December, 2007 passed by Sessions Judge, Pulwama in a revision petition, for short the impugned order.

2. Respondent, Ghulam hassan Ganai, complainant, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, for the short the Act, before the Judicial Magistrate First Class, (Sub-Judge), Pulwama on 7th of December, 2005. The trial court has drawn the cognizance and issued process vide order dated 7th of December, 2005.

3. Petitioner-accused appeared and filed application for dropping the proceedings-came to be granted vide order dated 30th of November, 2006 and complaint came to be dismissed. Feeling aggrieved, complainant-respondent filed a revision petition before the court of Sessions Judge, Pulwama-came to be allowed vide order dated 29th of December, 2007 with the command to the trial court to try the complaint and take it to its logical conclusion. The said order is the subject matter of this petition.

4. It is alleged in the complaint that accused-Bashir Ahmad Mir, borrowed a handsome amount from the complainant in order to enable him to supply delicious fruits

































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