Decided on October 27,2020

Nayeem Ahmad Khuroo Appellant
Noor Mohammad Gujri Respondents


RAJNESH OSWAL,J. - (1.)The petitioner has filed the instant petition for quashing of complaint titled, "Noor Mohammad Gujree versus Nayeem Ahmad Khuroo" pending before learned Judicial Magistrate 1st Class (JMIC), Baramulla and also for quashing of order dated 11.06.2013 by virtue of which the process was issued against the petitioner for commission of offence under Section 138 of the Negotiable Instruments Act, 1881. In the alternative, prayer has also been made for transferring the case to any other court of competent jurisdiction at Srinagar.
(2.)It is averred in the petition that in the complaint filed by the respondent, it has been alleged that the petitioner has borrowed a sum of Rs. 10,50,000/- as loan from the respondent and in order to liquidate the said loan, a cheque bearing No. 486084 dated 25.04.2013 for an amount of Rs. 5,00,000/- has been issued in favour of the respondent by the petitioner and the said cheque on presentation to the bank has been dis-honoured with memo having remarks "exceeds arrangements". The petitioner has further stated that the learned JMIC Baramulla has no jurisdiction to try the complaint as admittedly the cheque had drawn at J & K Bank Branch, Nowgam Srinagar which is not situated within the jurisdiction of JMIC Baramulla. It is further stated that the complaint has been filed by the respondent by concealing the compromise agreement executed between the parties and it was agreed that the cheque bearing No. 486084 shall be returned to the petitioner but instead of returning the same, the same was presented and was later on dishonored. The petitioner also claims to be seriously ill and has expressed inability to attend the court at Baramulla to contest the case.
(3.)Mr. M. Ayoub Bhat, learned counsel for the petitioner has reiterated the grounds raised in the petition. On the contrary, Mr. Bhat Fayaz, learned counsel for the respondent submitted that as per the amended provisions of Negotiable Instruments Act, 1881 the complaint under section 138 of the Instruments Act, 1881 for dishonor of cheque can be filed only at a place where the payee or the holder in due course maintains the account in the event the cheque is delivered for collection through that account. He further submits that the complaint can be sent to Chief Judicial Magistrate, Sopore. He has further argued that there is nothing on record to demonstrate that the petitioner is ill and is unable to appear before the court.

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