SHRIKANT CHAVAN Vs. HOTEL THE VAISHNO DEVI
HIGH COURT OF JAMMU AND KASHMIR
HOTEL THE VAISHNO DEVI
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(1.) Shrikant Chavan invokes the
jurisdiction of this Court under S. 561-A of
the Criminal Procedure Code for quashing
proceedings pending before Judicial Magistrate
First Class, Katra, in complaint No. 21
of 19th of May, 2005, complaining that the
Complaint of respondent, Hotel the Vaishno
Devi, under Section 138 of the Negotiable
Instruments Act was incompetent and Judicial
Magistrate First Class, Katra, had
erred in issuing process against the
petitioner in violation of statute in force.
(2.) Proceedings before Judicial Magistrate,
Katra, are sought to be quashed on
the ground that two cheques for Rupees one
lac each, drawn on Kotak Mahindra Bank
Ltd. on account of the petitioner had not
been presented to the Bank within the period
of validity and in that view of the matter,
no offence under Section 138 of the
Negotiable Instruments Act could be said tp
have been, prima facie, established against
the petitioner justifying issuance of process
against him. In order to support his submissions,
the petitioner relies on the documents placed by the respondents on the file
of learned Judicial Magistrate First Class, Katra.
(3.) Shri Sunil Hali, learned counsel for
the petitioner, reiles on Vijaya Rao v. State
of Rajasthan and another, reported as (2005)
7 SCC 69, and Shri Ishar Alloys Steel Ltd.
v. Jayaswal's NECO Ltd., reported
as 2001 Criminal Law Journal 1250 (SC).;
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