AJAZ YOUSAF Vs. FAIZ-UL-REHMAN
LAWS(J&K)-2020-7-22
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 07,2020

Ajaz Yousaf Appellant
VERSUS
Faiz-Ul-Rehman Respondents


Referred Judgements :-

ANEETA HADA VS. GODFATHER TRAVELS ALIAS TOURS PVT LTD [REFERRED TO]
HIMANSHU VS. B SHIVAMURTHY [REFERRED TO]


JUDGEMENT

SINDHU SHARMA,J. - (1.)Petitioner seeks quashing of the complaint as well as cognizance taken by the learned Chief Judicial Magistrate, Ramban vide order dated 18.07.2019 under section 138 of the Negotiable Instruments Act, 1881 (herein after referred as N. I. Act) in case titled Faiz-Ul-Rehman V/s Ajaz Yousaf.
(2.)A complaint under section 138 of the N. I. Act, 1881 was filed by the respondent-complainant against the petitioner in the Court of learned Chief Judicial Magistrate, Ramban, alleging that the petitioner had issued three cheques in favour of the respondent in order to discharge liability which had accrued, as rent of the machinery hired by him. These cheques, bearing No. 206364 dated 30.04.2019 for Rs. 6,00,000/-, No. 206363 dated 29.04.2019 for Rs. 50,000/- and No. 206362 dated 10.04.2019 for Rs. 3,00,000/- were drawn on Jammu and Kashmir Bank, Branch Maitra, Ramban from bank account No. 0491010100000160 maintained by the company 'Uzair Construction Private Ltd.'. When these cheques were presented by the respondent to the banker for encashment, the same were returned unpaid by the banker with the endorsement that the 'payment stopped by drawer'. On the failure of the petitioner to pay the amount due, a complaint was instituted and the learned Chief Judicial Magistrate, Ramban took cognizance of the same under Section 138 of the Negotiable Instruments Act, 1881 vide its order dated 18.07.2019.
(3.)It is submitted that the petitioner is only one of the Directors of the Uzair Construction Company Private Ltd. with its office at Govindpura near District Complex Maitra, Ramban. This company is duly registered with the Registrar of the Companies. The petitioner being a Director of the Company entered an agreement with the respondent on 18.09.2018 on behalf of the Company and had taken on rent two JCBs 3DX Rock Breaker machines for JIO Cable work. The aforementioned cheques which were issued by the company in order to discharge its liability which had accrued towards the respondent.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.