Advocates:
['SACHIN GUPTA', 'S S NANDA SR AAG', '', 'ADARSH SHARMA']

S. No. 217

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CRMC No. 444/2016

CrlM No. 104/2020

IA No. 1/2016

CrlM No. 1196/2019

Harish Kumar

...Appellant/Petitioner(s)

Through :- Mr. Sachin Gupta, Advocate

v/s

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Executive Officer Municipal Committee

Billawar

.....Respondent (s)

't

Through :- Mr. S. S. Nanda, Sr. AAG

Mr. Adarsh Sharma, Advocate

Coram:

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

ORDER

1.

The present petition has been filed by the petitioner for quashing the

complaint filed by the respondent bearing No. 01/2016 for commission of offence

under section 138 of Negotiable Instrument Act, 1881 and 418 RPC which is

pending before the court of learned Judicial Magistrate 1^st Class Billawar (herein to

be referred as trial court).

2.

Mr. Sachin Gupta has raised only one ground that the cheque was

presented beyond the period of limitation for presentation of cheque. The necessary

facts as emanate from the complaint are that the petitioner herein, in order to

discharge his liability in lieu of the contract Bid, issued two cheques bearing Nos.

5347061 dated 15.04.2015 for Rs. 1,61,000/- and 534