JUDGMENT :

Sanjay Dhar, J.-Petitioner has challenged the complaint filed by the respondent against him for offence under Section 138 of Negotiable Instruments Act (hereinafter for short “the NI Act”) pending before the Court of Judicial Magistrate, 1st Class (1st Additional Munsiff), Srinagar. Petitioner has also challenged order dated 26.07.2019, whereby the learned Magistrate has, after taking cognizance of the offence, issued process against the petitioner.

2. It appears from the record that respondent has filed a complaint against the petitioner alleging that a cheque bearing No.406696 dated 01.03.2019 for an amount of Rs.5.00 lacs, issued by petitioner in his favour which was drawn on J&K Bank Branch unit Habbak Crossing, Srinagar, was returned unpaid by the concerned bank with the remarks “funds insufficient and drawer’s signature differs”. The respondent is stated to have served a legal notice of demand upon the petitioner and when the petitioner failed to make the payment within the statutory period, the complaint, which is subject matter of this petition, came to be filed before the trial Magistrate. The learned Magistrate, after recording the preliminary evidence, took co