SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(J&K) 526

MUZAFFAR HUSSAIN ATTAR
Sheikh Mohd. Amin – Appellant
Versus
Rifat Farooq Reshi – Respondent


Advocates Appeared:
Advocate For Appellant: Z.A. Qureshi
Advocate For Respondent: M.S. Latief

1. Petition under Section 561-A Cr.PC 44/09 was filed seeking quashment of the complaint filed by the respondents under section 138 of Negotiable Instruments Act of 1881 (for short "Act of 1881").

2. The said petition came up before the Court on 29th June, 2009 and was heard and dismissed by the Court vide aforesaid judgment.

3. Perusal of the judgment dated 29th June, 2009 reveals that a complaint was sought to be quashed on the ground that the same has been filed through attorney of the complainant and not by the complainant himself.

4. The Court dismissed the petition by relying on the judgment passed in the identical matter Cr.M.P No. 69/2009, filed under Section 561-A Cr.P.C.

5. The instant petition 561-A Cr. PC read with Section 94 of the Constitution of J&K has been filed to recall the judgment dated 29th June, 2009 passed in 561-A Cr. M.P No. 44/2009 on the ground that all the grounds pleaded in the earlier petition were not considered and decided by the Court, so, it becomes duty of the Court to recall the judgment and decide the case on all the grounds which were pleaded in the earlier petition.

6. Notice has not been issued in this case. This Court vide order dated 27th Novem





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top