Mohd. Altaf Shah vs Gh. Qadir Langoo

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(J&K) 684

SINDHU SHARMA
Mohd. Altaf Shah – Appellant
Versus
Gh. Qadir Langoo – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Shakir Haqani.
For the Respondent: B.A. Bashir.

JUDGMENT :

SINDHU SHARMA, J.

1. Petitioner has filed this petition for quashing of proceedings initiated against him under section 138/142 of the Negotiable Instrument Act alleging dishonor of cheque No. 052001 dated 01.07.2013 for Rs. 4,20,000/-. The complaint was presented to the Chief Judicial Magistrate, Srinagar on 31.07.2013, who transferred the same to Forest Magistrate on the same day, and after recording the statements of the complainant-respondent and his son-Riyaz Ahmad Langoo, the trial court summoned the accused directing as under:

“Heard the counsel for the complainant. Perusal of the record of the complaint which has supported the contents of the complaint. As such, there is a material on record to proceed against the accused for offence under section 138/NI Act disclosed against the accused. The cognizance u/s 138/NI Act is hereby taken against the accused. Office is directed to issue summon/notice through Police Station concerned to the accused for his appearance. The complainant is directed to get summon/notice from the court and assist S.O. Taamilat for service of the accused. Put up on 30.08.2013.”

2. The complaint during the period it remained pending, affidavits o