S. No. 22

Regular Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) No. 136/2020

Mohammad Ramzan Ganie

…Petitioner(s)

Through: Mr. Rabinder Singh, Advocate

Vs.

Abdul Rashid Sheikh

...Respondent(s)

Through: Mr. M. S. Reshi, Advocate

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

O R D E R

30.09.2022

1.

Through the medium of this petition filed under section 482 Cr.PC,

the petitioner is seeking quashment of cognizance order and

proceedings initiated against him by the Court of Additional Special

Mobile Magistrate, Bandipora, in a complaint filed under section 138

of Negotiable Instruments Act.

2.

The main ground taken up in this petition is that the notice as required

under Clause (b) of Proviso to Section 138 of Negotiable Instruments

Act, has not been issued within the time as provided under the Act,

therefore, the trial court ought not to have entertained the complaint or

taken cognizance. The two cheques dated 25.02.2020 and 25.03.2020,

are said to have been issued by the petitioner for an amount of Rs.

50,000/- each. Both these cheques were presented for encashment

before the bank and were returned back on the