JUDGMENT :

SANJEEV KUMAR, J.

1. This quashment petition filed by the petitioner under Section 482 Cr.P.C. seeks to set aside and quash the order dated 30.03.2021 passed by the Judicial Magistrate First Class, Budgam (for short ‘the trial court’ hereafter), in Case File No. 20 titled as Aijaz Ahmad Dar vs. Zulfikar Ahmad Dar, whereby and where under the trial court has, while taking cognizance of the complaint filed by the respondent Under Section 138 of the Negotiable Instruments Act, (for short ‘the NI Act’ hereafter), has issued the process for appearance of the accused (the petitioner). The impugned order as also the complaint filed by the respondent is challenged on several grounds, which I shall advert to after noticing material facts leading to filing of this petition.

2. The respondent instituted a complaint under Section 138 of the NI Act against the petitioner in the trial court. It is alleged in the complaint that petitioner and the respondent were having friendly relations and the respondent, from time to time, had lent more than two crores and seventy five thousand to the petitioner through different modes, viz. cheques, transfer and cash etc. The petitioner paid part of t