Naseer Ahmad Sheikh vs Mohd. Sultan Bhat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 743

SANJAY DHAR
Naseer Ahmad Sheikh – Appellant
Versus
Mohd. Sultan Bhat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Adil Asimi.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has filed the instant petition under section 482 of the Cr.P.C. challenging four complaints filed by respondent against him alleging commission of offences under section 138 of the Negotiable Instruments Act. These four complaints pertain to four different cheques. Three complaints are pending before the Court of Judicial Magistrate, 1st Class, Bandipora, whereas one of the complaints is stated to be pending before the Court of Additional Mobile Magistrate, Bandipora.

2. Heard learned counsel for the petitioner and perused the material on record.

3. It has been contended by learned counsel for the petitioner that the learned trial Magistrate has jointly tried all the four complaints and, as such, the procedure adopted by the learned trial Magistrate is not in accordance with the law.

4. The petitioner has not placed on record any order passed by the learned trial Magistrate whereby all the four complaints have been directed to be tried jointly. In fact, learned counsel submits that there is no such order passed by the learned trial Magistrate. In this view of the matter, the ground urged by learned counsel for the petitioner is without any me

Click Here to Read the rest of this document