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2018 Supreme(J&K) 374

JANAK RAJ KOTWAL
Rajesh Dogra – Appellant
Versus
Om Parkash – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jatinder Choudhary.
For the Respondent: Mr. R.P. Sharma.

JUDGMENT :

1. These two petitions under section 561-A Cr. P. C. seek quashing of two complaints filed against the petitioner (accused) by the respondent (complainant) under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). The complaint in 561-A No. 109/2011 relates to cheque No. 181092 dated 20.12.2009 and cheque No. 181093 dated 10.01.2010, each valuing Rs. 50,000/- drawn on Andhra Bank Branch, Jammu and the complaint in 561-A No. 110/2011 relates to cheque No. 181094 dated 10.01.2010 valuing Rs. 1,00000/- drawn on Andhra Bank Branch, Jammu too. These cheques are alleged to have been dishonored by the Bank for insufficient funds in the account of the petitioner (accused).

2. Heard learned counsel for the parties and perused the record.

3. It emerges as common ground of both the sides that in regard to the said three cheques and one more a complaint dated 07.04.2010 was submitted by the respondent (complainant) to the Hon’ble Chief Justice of the High Court for disciplinary action against the petitioner, who is an Advocate by profession. A copy each of this complaint is annexed as annexure-K in both these petitions. The said complaint, however,









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