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2022 Supreme(J&K) 309

SANJAY DHAR
Gh. Mohammad Naikoo – Appellant
Versus
Ab. Qayoom Wani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.M. Dar.

JUDGMENT :

1. The petitioner has challenged order dated 11.05.2017 passed by Judicial Magistrate, 1st Class, Kulgam, whereby criminal complaint filed by the petitioner against the respondent has been dismissed without issuing process against the respondent.

2. It appears that the petitioner had filed a criminal complaint against the respondent alleging commission of offences under section 420 and 506 RPC. In the complaint, it was alleged that in April, 2015, the respondent/accused approached the petitioner/complainant and offered to purchase bus bearing No. JK03-1349, owned by the petitioner. It is averred that the sale consideration of the bus was fixed as Rs. 5.00 lacs and the respondent paid an amount of Rs. 5,000/- in cash to the petitioner. It is further averred that the respondent issued two cheques, one amounting to Rs. 1.00 lac and another amounting to Rs. 1.50 lacs in favour of the petitioner and promised to liquidate the balance consideration amount of Rs. 2.45 lacs within a period of two months. Accordingly, the petitioner delivered possession of the vehicle to the respondent. It is further averred that the cheque for an amount of Rs. 1.00 lac was encashed by the petitione

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