JUDGMENT :

1. The petitioner has challenged the complaint filed by the respondent against him for offence under Section 138 of Negotiable Instruments Act (hereinafter for short "the NI Act") before the Court of Judicial Magistrate, 1st Class (3rd Additional Munsiff), Srinagar. The petitioner has also challenged order dated15.04.2015, whereby the learned Magistrate has, after taking cognizance of the offence, issued process against the petitioner.

2. It appears that the respondent has filed a criminal complaint for offence under section 138 of the NI Act against the petitioner before the trial Magistrate alleging that the petitioner had issued a cheque Bearing No.33201209, dated 12.02.2015 for an amount of Rs. 22,89,500/-. The cheque was drawn on J&K Bank Branch Ltd. In favour of the complainant and when the same was presented for payment before the bank, it was returned unpaid for insufficiency of funds. The respondent/complainant is stated to have served a statutory legal notice of demand upon the petitioner but despite receipt of the same, the petitioner failed to make the payment within the statutory period and as a consequence of this, the respondent filed the impugned complaint