ORDER :

1. The instant petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, (for short, ‘ BNSS ’) for quashment of order dated 01.07.2024 passed by the Court of Judge Small Cause Srinagar in case titled ‘ Parvez Ahmad Shah versus M/S A R Sales Corporation ” .

2. The facts emerging from the record reveal that the respondent herein filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’, against the accused petitioner herein pertaining to cheque bearing no.494151 dated 20.05.2022) claimed to have issued by the accused petitioner herein to complainant respondent herein which cheque upon presentation before the Bank by the complainant respondent herein got bounced, whereupon a notice of demand was served upon the accused petitioner by the complainant respondent herein for payment of amount covered by cheque and upon his failure to make the payment of the said amount, the complainant respondent herein filed the complaint in question before the Court of Judge Small Causes, Srinagar.

3. During the pendency of the complaint and after entering of appearance by the accused petitioner and recording of his statement under Section