h475

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

(through virtual mode)

Reserved on : 12.05.2021

Pronounced on : 17.05.2021

Narinder Singh

...Petitioner(s)

Through:- Mr. Pankaj Dubey, Advocate

V/s

Koushal Kumar Padha

...Respondent(s)

Through:- Mr. Ankush Manhas, Advocate

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGMENT

1.

By invoking inherent powers vested in this Court in terms of

Section 482 of the Code of Criminal Procedure, the petitioner seeks to

quash order dated 27.11.2019 passed by the learned Judicial Magistrate 1^st

Class, Bhaderwah [>the Trial Court?] in a complaint under Section 138 of

Negotiable Instruments Ac , 1881 [<the Act=] filed by the respondent

against the petitioner, whereby the Trial Court, after recording preliminary

statement of the complainant and his witnesses, has issued process to

secure presence of the petitioner for facing the trial.

2.

Briefly stated, the facts leading to the filing of instant petition

are that the respondent has filed a complaint under Section