Manzoor Ahmad Bhat vs Nasir Hussain Bhat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 155

SANJAY DHAR
Manzoor Ahmad Bhat – Appellant
Versus
Nasir Hussain Bhat – Respondent

Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Z.A. Shah, Sr. Advocate with Mr. Hanan, Advocate
For the Respondent(s):Mr. Anis ul Islam, Advocate

Judgment

Sanjay Dhar, J.—Petitioner has sought quashment of complaint titled Nasir Hussain Bhat vs. Mohd Sayeed Najar and others, pending in the Court of Judicial Magistrate, 1st Class, Kulgam, and the cognizance taken thereon by the learned Magistrate in terms of his order dated 21.12.2016.

2. It appears from the record that a complaint was made by respondent No.1 herein before the Court of learned Judicial Magistrate 1st Class, Kulgam (hereinafter referred to as the trial Magistrate) alleging commission of offences under Sections 379, 417, 418, 420, 560 RPC read with Section 120-B RPC by petitioner herein as well as by respondents 2 and 3. As per the contents of complaint, the respondent No.1 had purchased vehicle bearing No.JK03D-9520 from respondent No.2 on the basis of an affidavit dated 12.11.2014 executed by respondent No.2. Respondent No.1, the complainant, alleges that he had paid the consideration amount of Rs.6,00,000/- to respondent No.2 and at the time of entering into the transaction, the respondent No.2 had assured the respondent No.1 that the vehicle in question is not hypothecated to any financial institution. It is alleged that about 20 days back, when respondent

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