JAVED IQBAL WANI
Waryam Singh – Appellant
Versus
Jammu Ess Lee Finance – Respondent
JUDGMENT :
Javed Iqbal Wani, J.
1. These two petitions raise akin and analogies issues and therefore are taken up together for adjudication.
2. At the outset it would be worthwhile to mention that before filing of the aforesaid two petitions, the petitioner herein filed two 561-A Cr.P.C. petitions bearing Nos. 650/2017, MP No. 01/2017 and 651/2017 titled as "Waryam Singh Vs. M/s. Chanda Hire Purchase Finance Jammu and "Waryam Singh Vs. M/s. Jammu ESS IEE Finance Pvt. Ltd." before this court on the premise that complaints bearing File Nos. 173/complaint and 174/complaint had been filed by complainant/respondent herein under Section 138 Negotiable Instrument Act (herein after for short NI Act) and Section 420 RPC on 16.03.2016 before the Court of Special Mobile Magistrate, 13th Finance Commission, Jammu, (herein after for short trial court) wherein cognizance was taken on 16.03.2016 and consequently summons issued against the accused/petitioner herein. In the said petitions, petitioner questioned the maintainability of complaints as also cognizance order dated 16-03-2016 as also orders dated 01.07.2017 and 14.08.2017 as well passed by the trial court.
The aforesaid petitions came to be d
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