JUDGMENT :

By this common judgment, the afore titled two petitions filed under Section 482 of the Code of Criminal Procedure are proposed to be disposed of.

2. Through the medium of CRM(M) No.280/2021, the petitioner has challenged the complaint filed by respondent against him for commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act) as also the proceedings emanating therefrom.

3. It appears that respondent/complainant had filed a complaint for commission of offence under Section 138 of NIA Act against the petitioner before the Court of Forest Magistrate, Srinagar (hereinafter referred to as the trial Magistrate). In the complaint, it was alleged that the petitioner had approached the respondent and offered to sell a patch of land measuring 01 kanal situated at Gangbugh Tehsil and District Budgam, pursuant to which the respondent/complainant advanced a sum of Rs.29.00 lacs as part payment. It was further averred in the complaint that the petitioner/accused had promised to provide the land in question within a week’s time, failing which he was to pay damages to the tune of Rs.10.00 lacs. It was further alleged that the petitio