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2018 Supreme(J&K) 1031

M.K.HANJURA
Manzoor Ahmad Burza – Appellant
Versus
Gulzar Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Salih Pirzada, Advocate
For the Respondent:N.A. Ronga, Advocate

ORDER :

M.K. HANJURA, J.

1. These two petitions raise akin and analogous issues and have, therefore, been clubbed together for determination and decision. At the threshold, the facts, as these emerge from the study of both the petitions, require to be delineated.

561-A No. 298/2017:

2. This petition, filed under Section 561-A of the Code of Criminal Procedure, is directed against the order dated 16th of June, 2016, of the Court of the learned City Munsiff, Srinagar, passed in a criminal complaint bearing File No. 382/A titled 'Gulzar Enterprises v. Manzoor Ahmad Burza'.

3. The case of the petitioner is that by an order dated 16th of June, 2016, the Court of learned City Munsiff, Srinagar, has taken cognizance of a time barred complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as "the Act" read with Section 420 of the RPC and, accordingly, issued process against the petitioner. The petitioner is aggrieved of the aforesaid order dated 16th of June, 2016 and the proceedings initiated thereunder on the grounds, inter alia, that the learned trial Court has not conducted any enquiry as required under Section 200 and 202 Cr.P.C. be

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