JUDGMENT :

1. The petitioner has sought quashing of the proceedings of the complaint titled ‘Mir Noor-ullah vs Parvaiz Ahmad Dar’ under section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’) pending before the court of Chief Judicial Magistrate, Pulwama (hereinafter to be referred as ‘the Trial Court’) on the following grounds:

(i) That the learned trial court has not followed the mandate of section 200 Code of Criminal Procedure before issuing the process against the petitioner.

(ii) That no demand notice was served upon the petitioner by the respondent in terms of section 138 of the Act.

(iii) That the cheque has been issued by the firm and not by the petitioner and it was incumbent on the part of the respondent to array the firm ‘M/s Marazia Agro Chemicals’ as accused in the complaint.

2. Learned counsel for the petitioner has submitted that as per the complaint, the complainant/respondent is running the business under the banner of M/S Muneer Agro Agencies, whereas in the cheque the name of the payee has been mentioned as Numis Agro Agencies (Mir Noor-ullah) and the notice has been issued by one Mir Muneer Iqbal and not the complainant himself but the learned tri