HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT

SRINAGAR

Reserved on: 05.07.2022

Pronounced on: 15.07.2022

CRM(M) No.280/2021

CRM(M) No.281/2021

FAYAZ AHMAD SHEIKH

FAYAZ AHMAD SHEIKH

…PETITIONER(S)

Through: Mr. Sheikh Hilal, Advocate.

Vs.

MUSHTAQ AHMAD KHAN

MUZAFFAR AHMAD DAR

….RESPONDENT(S)

Through: Mr. Waseem Shamas, Advocate.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

By this common judgment, the afore titled two

petitions filed under Section 482 of the Code of Criminal

Procedure are proposed to be disposed of.

2)

Through the medium of CRM(M) No.280/2021, the

petitioner

has

challenged

the

complaint

filed

by

respondent against him for commission of offence under

Section 138 of the Negotiable Instruments Act (hereinafter

referred to as the NI Act) as also the proceedings

emanating therefrom.

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3)

It appears that respondent/complainant had filed a

complaint for commission of offence under Section 138 of

NIA Act against the petitioner before the Court of Forest

Magistrate, Srinagar (hereinafter referred to as the trial

Magistrate). In the complaint, it was alleged that the

petitioner had approached the respondent and offered to

sell a patch of land measuring 01 kanal situated at

Gangbugh Tehsil and District Budgam, pursuant to which

the respondent/complainant advanced a sum of Rs.29.00

lacs as part payment. It was further averred in the

complaint that the petitioner/accused had promised to

provide the land in question within a week’s time, failing

which he was to pay damages to the tune of Rs.10.00 lacs.

It was further alleged that the petitioner/accused failed to

provide the land within the stipulated time as per the

agreed terms which made him liable to return the amount

received by him along with the damages. According to the

respondent/complainant, the petitioner/accused issued

three cheque bearing Nos.0010168 for an amount of

Rs.5.00 lacs, 000170 for an amount of Rs.5.00 lacs and

000171 for an amount of Rs.5.00 lacs all dated 20^th

March, 2021, drawn on HDFC Bank Ltd. Branch office

Baghat Barzulla. The respondent/complainant presented

these cheques before the concerned bank but the same

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were dishonoured with the endorsement “drawers account

closed”

vide

memo

dated

9^th

April,

2021.The

respondent/complainant is stated to have served a

demand notice upon the petitioner/accused by sending

the same through registered post on 16^th April, 2021 but

in spite of having received the said notice, the

petitioner/accused did not liquidate the amount of

cheques to the respondent/complainant compelling him to

file the impugned complaint before the trial Magistrate on

30.07.2021.

4)

CRM(M) No.281/2021 arises out of a complaint filed

by the respondent against the petitioner before the Court

of Forest Magistrate, Srinagar, alleging commission of

offence under Section 138 of the NI Act. As per the

impugned complaint, the petitioner/accused had offered

to sell a patch of land measuring 10 marlas situated at

Gangbugh Tehsil and District Budgam, to respondent.

Accordingly, the respondent is stated to have advanced a

sum of Rs.14.00 lacs to the petitioner/accused and it was

promised by him that the land in question would be

handed over to the respondent/complainant within a

period of one week failing which the petitioner/accused

was to return the amount along with damages to the tune

of Ra.10.00 lacs. It was alleged in the complaint that the

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petitioner/accused did not deliver the possession of the

land to the respondent/complainant within the stipulated

time whereafter he, in order to liquidate the debt, issued

two cheques bearing Nos.00169 for an amount of Rs.5.00

lacs and 000172 for an amount of Rs.9.00 lacs both dated

20^th March, 2021, drawn on HDFC Bank Branch unit

Baghat, Barzulla. The cheques, when presented to the

bank for encashment, were dishonoured by the banke