Beeka Mohd. vs Mukesh Kumar - 2024 Supreme(J&K) 272

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2024 Supreme(J&K) 272

SINDHU SHARMA
Beeka Mohd. – Appellant
Versus
Mukesh Kumar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Siddhant Gupta
For the Respondent: Jagpaul Singh

JUDGEMENT

1. Petitioner has invoked the inherent jurisdiction of this Court under section 482 Cr.P.C. for quashing order dated 25.07.2019 passed by the learned Principal Sessions Judge, Kathua, in criminal appeal titled 'Beeka Mohd. alias Vicky vs. Mukesh' along with order dated 23.03.2019, passed by the learned District Judicial Mobile Magistrate (T), Kathua in a complaint titled 'Mukesh Kumar vs. Beeka Mohd. alias Vicky'.

2. A complaint under section 138 of the Negotiable Instrument Act (hereinafter referred to as 'the Act') was filed by the respondent-Mukesh Kumar against the petitioner-Beeka Mohd. for dishonor of two cheques bearing Nos. 377762 & 377763, dated 14.01.2018, for an amount of Rs. 8 lacs and Rs. 5 lacs. The learned Magistrate took cognizance of the offence and issued process against the petitioner. The petitioner appeared in response to the same and pleaded not guilty and the complainant/ respondent was directed to lead evidence.

3. The learned Magistrate invoked its jurisdiction under section 143-A of Negotiable Instrument Act (Amendment) Act, 2018 and directed the petitioner to pay 20% of the cheque amount i.e. Rs. 2,60,000/- to the complainant within a period of 60

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