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2013 Supreme(J&K) 206

JANAK RAJ KOTWAL
Anwar Ahmad Pandith – Appellant
Versus
Abdul Rashid Pandith – Respondent


Advocates Appeared:
Mr. Syed Faisal Qadiri, Advocate for the Appellant.
Mr. Manzoor. A. Dar, Advocate for the Respondent

1. These two Cr. revision petitions had been clubbed together and are being disposed of by this common judgment.

2. These petitions have been filed by the complainant against two ditto orders of even date, 19.5.2012, whereby Id. 1st Additional Munsiff, (Judicial Magistrate), Srinagar has dismissed the two complaints, each titled, "Anwar Ahmad Pandith v Abdul Rashid Pandith" under sec. 138 of the Negotiable Instrument Act (for short the Act) instituted by the complainant/petitioner against the respondent.

3. Heard and perused the record.

4. Brief facts, which are necessary for disposal of these revision petitions, are that on 29-12-2011 petitioner through his Attorney Holder, Zeeshan Pandith, filed two separate complaints before the Id. 1st Additional Munsiff (judicial Magistrate), Srinagar under sec.138 of the Act against the respondent alleging inter alia that the two cheques, No. 03606078 dated 10.11.2011 and No. 03606079 dated 17.11.2011 issued by the respondent were dishonored. Ld. trial Court after recording initial statements of the complainant and the witness in each complaint and finding prima facie case under sec.138 of the Act against the accused, issued process against him.





















































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