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2015 Supreme(J&K) 362

ALI MOHAMMAD MAGREY
Nalam Nageshwara Rao & Co. – Appellant
Versus
Fungicides India Ltd. – Respondent


Advocates Appeared:
For the Appellant :M.A. Khan, Advocate
For the Respondents:Z.A. Shah, Sr. Advocate and Hanan, Advocate

JUDGMENT :

Ali Mohd. Magrey, J.

1. This petition under Section 561-A Cr.P.C. has been preferred to quash/dismiss the complaint filed under Section 138 of Negotiable Instruments Act and pending adjudication before the trial court. The case of the petitioners is that they were appointed as dealer/distributor in Fertilizers and Pesticides. They had given two signed blank cheques bearing Nos. 647394 and 647395 drawn on Karnataka Bank of Guntur as security to the respondent on 17.09.1999. However, the said Bank account was closed by them on 27.12.1999 and the petitioners opened their account at Karnataka Bank Limited Vijayvada. It is stated that information about the closure of the account and opening of new Bank account was conveyed to the respondent on 29.12.1999. It is alleged that the respondent fraudulently filled in the blank cheque No. 647394 when the same were not given in discharge of any legally enforceable debt. The complaint was filed at Srinagar on 10.08.2001.

2. The petitioners had earlier invoked the inherent jurisdiction of this Court in terms of a similar petition which was dismissed on 17.12.2011. The present petition has been filed on the ground that certain new fact has











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