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2022 Supreme(J&K) 250

SANJAY DHAR
Reyaz Azad – Appellant
Versus
Mohammad Irfan – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Wajid Haseeb, Advocate
For the Respondent(s):Mr. M. Ashraf Bhat, Advocate

Judgment

The petitioner has challenged complaint filed by respondent against him for offence under Section 138 of Negotiable Instruments Act (for short NI Act), which is pending before the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar.

2. As per the impugned complaint, respondent/ complainant had a business transaction with the petitioner. It is alleged that the petitioner issued six cheques for liquidating the liability towards the respondent/complainant. The details of the cheques are as under: –

Cheque No.

Dated

Amount

Bank

673430

01.02.2019

4,00,000/-

YES Bank

619635

26.03.2019

1,50,000/-

YES Bank

619636

26.03.2019

1,50,000/-

YES Bank

175520

04.01.2019

3,00,000/-

YES Bank

053177

02.03.2019

12,00,000/-

YES Bank

053178

04.05.2019

4,50,000/-

YES Bank

3. It is alleged that the aforenoted cheques, when presented before the banker for their encashment, were dishonoured for the reasons insufficiency of funds/ pay

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