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2019 Supreme(J&K) 155

RASHID ALI DAR
Shalini Jangira – Appellant
Versus
Anil Bhan – Respondent


Advocates:
Appearing Counsel:
For CRMC No.462/2018
For the Petitioner(s):Mr. Salih Pirzada, Advocate
For the Respondent(s):Mr. R. A. Jan, Sr. Advocate With Ms. Sharaf Wani, Advocate
For CRMC No.463/2018:
For the Petitioner(s):Mr. Salih Pirzada, Advocate
For the Respondent Nos.1 to 4: None
For the Respondent No.5:Mr. R. A. Jan, Sr. Advocate with Ms. Sharaf Wani, Advocate
For CRMC No.469/2018:
For the Petitioner(s):Mr. Salih Pirzada, Advocate
For the Respondent Nos.1 to 4: None
For the Respondent No.5:Mr. R. A. Jan, Sr. Advocate with Ms. Saraf Wani, Advocate

Judgment

1. The petitions detailed above raised common and akin questions of facts and law and have therefore been clubbed together for common decision.

2. Filed under Section 561-A Cr. PC, the petitioners crave the indulgence of this court in quashing the order dated 03-05-2018 (for short impugned order) passed by the learned Magistrate by virtue of which learned Magistrate has taken cognizance of the matter and directed issuance of process against the petitioners under Section 138 Negotiable Instrument Act read with Section 420 Ranbir Penal code

3. Facts giving rise to the filing of the instant petitions as referred by the petitioners are that:—

(i) The respondent (Shri Anil Bhan) on the strength of the cheques bearing No. 000142 payable at HDFC Bank dated 01-01-2017 for an amount of Rs 20 lacs, cheque bearing No. 110240165 payable at HDFC Bank dated 01-01-2017 for an amount of Rs 02 crores and cheque bearing No. 000141 payable at HDFC Bank dated 01-01-2017 for an amount of Rs 35 lacs presented the same before the banker i.e. J&K Bank Branch High Court complex Srinagar and sought its payment. The respondent (Anil Bhan) on the strength of the memo received from the bank about non-a











































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