S. No.01

Regular List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) No.204/2022

CrlM No.662/2022

Ghulam Mohiuddin Sheikh

…..Petitioner(s)

Through: Mr. R.A Bhat, Advocate

V/s

Haji Bashir Ahmad Dar

….. Respondent(s)

Through: None

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER

27.06.2022

1. The petitioner has challenged complaint filed by the respondent against

him for offence under Section 138 of Negotiable Instruments Act

(hereafter for short <the NI Act=) which is pending before the Court of

Chief Judicial Magistrate Shopian. Challenge has also been thrown to

the order whereby the learned Magistrate has taken cognizance of the

offence and issued process against the petitioner.

2. The only ground urged by the petitioner in this petition is that the

cheque which is subject matter of the complaint, was dishonoured by

the banker not on account of insufficiency of funds but because of the

reason of closure of the account. According