Judgment :

Sanjeev Kumar, J.

1. This is a petition by the petitioner filed under Section 561-A of the Jammu & Kashmir Code of Criminal Procedure (now repealed) for seeking quashment of order dated 28th of February, 2018 (impugned order) passed by learned District Mobile Magistrate, Sopore (“the trial court”) in a complaint tilted Haji Bashir Ahmad Dar & another vs. Mohammad Shafi Mir’. The impugned order, which has been passed in a complaint filed by the respondents jointly under Section 138 read with Section 142 of the Negotiable Instruments Act, is assailed on the solitary ground that Section 138 read with Section 142 of the aforesaid Act does not envisage a joint complaint by two complainants and, therefore, the complaint and all subsequent proceedings thereon are vitiated in law.

2. With a view to address this question of seminal importance that has arisen in this petition, it would be necessary to first notice few material facts.

3. The respondents have filed a joint complaint against the petitioner before the trial court on the allegation that the petitioner owed an amount of Rs.2,50,000/- to the respondents as consideration for purchasing the land of the respondents and with a