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2022 Supreme(J&K) 308

VINOD CHATTERJI KOUL
Harshwardhan Singh – Appellant
Versus
Triloki Nath Satish Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.S. Thakur
For the Respondent: C.M. Koul, A.R. Bhat

JUDGMENT :

1. Inherent jurisdiction under section 482 Cr.P.C. is being sought for quashing the order dated 10.11.2021 (for brevity 'impugned order') passed in File No. 129/Comp titled as M/s. Triloki Nath Satish Kumar v. Harshwardhan Singh (complaint under section 138 of the Negotiable Instrument Act) passed by the Court of Learned Special Mobile Magistrate (Passenger Tax), Jammu (for brevity 'learned Magistrate') whereby the learned Magistrate while allowing the application filed by the complainant under section 540 Cr.P.C. has summoned the record pertaining to account No. 1524 maintained by the petitioner.

2. The impugned order dated 10.11.2021 has been called in question in this petition precisely, on the following grounds:-

    i) That the order impugned is not sustainable in the eyes of law, since the application filed by the complainant/respondent where the prayer has been made for summoning of record from the J&K Bank Patel Nagar, Branch, Jammu with respect to the account of the petitioner and the Court below knowingly well that the case has been finally heard and reserved for judgment by exceeding the jurisdiction and in order to fill up the lacuna in the complainant's case by mis

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