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2021 Supreme(J&K) 674

SANJAY DHAR
Ab. Rashid Bhat – Appellant
Versus
Gh. Ahmad Bhat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.H. Shah; Faheem Nisar Shah

JUDGMENT :

Sanjay Dhar, J.

1. Petitioner has challenged order dated 20.09.2021, passed by Additional Sessions Judge, Sopore (hereinafter referred to as the Revisional Court), as also order dated 14.12.2018 passed by Judicial Magistrate, 1st Class, Dangiwacha (hereinafter referred to as the trial Magistrate).

2. Vide the order dated 14.12.2018, trial Magistrate, after taking cognizance of the offences alleged against the petitioner in a complaint filed by respondent under Section 138 of the Negotiable Instruments Act [for short "the Act"], issued process against the petitioner. The aforesaid order came to be challenged by the petitioner herein through the medium of a revision petition before the Revisional Court. The said revision petition came to be dismissed by the Revisional Court vide its order dated 20.09.2021. Both these orders are under challenge through the medium of instant petition filed under Section 482 of Cr.P.C.

3. The facts leading to the filing of this petition are that a complaint alleging commission of offence under Section 138 of the Act came to be filed by respondent before trial Magistrate. In support of the complaint, affidavits of the complaint and two witnesses w

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