Sheikh Owais Tariq VS Satvir Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAJNESH OSWAL
Sheikh Owais Tariq – Appellant
Versus
Satvir Singh – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Zahoor A. Shah, Advocate
For the Respondent:Mr. Ishfaq Bashir, Advocate

JUDGMENT

The petitioner had filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’) against the respondent, as the cheque claimed to have been issued by the respondent was dishonoured due to the reason ‘Account Frozen’.

2. The learned court of 3rd Additional Munsiff (JMIC), Srinagar (hereinafter to be referred as ‘the Trial Court’) vide order dated 23.08.2014 issued the process against the respondent for commission of offence under section 138 of the Act. The respondent filed an application before the learned Trial Court stating therein that as the cheque in question has been dishonoured due to the frozen account, the complaint under section 138 of the Act was not maintainable. The learned Trial Court after hearing the parties, dismissed the said application vide order dated 04.11.2017. The respondent being aggrieved of orders dated 23.08.2014 (order of issuance of process) and 04.11.2017 passed by the learned Trial Court, filed a revision petition thereby impugning both the orders mentioned above before the court of learned Principal Sessions Judge, Srinagar (hereinafter to be referred as ‘the Revisional Court’). The learned Revisional Cour