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2023 Supreme(J&K) 295

M. A. CHOWDHARY
Shashi Mahajan – Appellant
Versus
Sudha Sharma, W/o Suraj Parkash Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rohit Lega, Advocate, Ms. Deepali Arora, Advocate.
For the Respondent:Mr. D.S. Saini, Advocate.

JUDGMENT :

1. Petitioner, through the medium of this petition under Section 482 of Criminal Procedure Code (for short ‘CrPC’) seeks setting aside order dated 03.05.2023 passed by the Court of learned Chief Judicial Magistrate, Jammu (for short ‘CJM’) in complaint No.29 filed under Negotiable Instrument Act (for short ‘the NIA’) titled Sudha Sharma v. Shashi Mahajan, whereby application for submitting a list of witnesses and depositing of their diet expenses as directed in terms of interim order dated 25.10.2019 was dismissed and a cost to the tune of Rs.4,000/- was imposed. The petitioner also seeks quashment of order dated 12.07.2023 passed by the court of learned Principal Session Judge Jammu (for short ‘Revisional Court’) in Criminal Revision No. 75/2023 titled Shashi Mahajan V. Sudha Sharma whereby revision against the order dated 03.05.2023 passed by the learned CJM was dismissed.

2. The petitioner has pleaded that a highly motivated and baseless complaint under Section 138 of the NIA was filed by the respondent against the petitioner before court of learned CJM, Jammu, with respect to Cheque No.062037 dated 14.11.2007 for an amount of Rs.25.00 lakhs issued by the petitioner whi

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