RAVINDER SHARMA Vs. J AND K BANK LTD
LAWS(J&K)-2006-7-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 25,2006

RAVINDER SHARMA Appellant
VERSUS
J.AND K.BANK LTD. Respondents

JUDGEMENT

- (1.) Petitioners have invoked the Jurisdiction of this Court in terms of S. 561 -A Criminal Procedure Code for quashing the order dated 11th May, 2002 passed by learned Chief Judicial Magistrate, Srinagar, in the complaint titled as Jammu and Kashmir Bank Limited v. Virender Kumar Nayar and others and order dated 6th October, 2003 passed by Principal Sessions Judge, Srinagar in the revision petition titled as Ravinder Sharma v. Jammu and Kashmir Bank Limited and others, on the grounds taken in the petition.
(2.) Heard. Perused. Considered.
(3.) Learned counsel for petitioner argued that the complaint as well as the statements recorded do not disclose the commission of any offence and all the ingredients which are necessary for constituting offence under Ss. 420, 418 and 406 of R.P.C. are lacking. In terms of the allegations contained in the complaint, the Courts at Srinagar are not having jurisdiction to entertain the complaint. If at all it could be said that complaint discloses commission of offence(s) then it was to be filed before, and tried by, the Court of competent jurisdiction at Delhi. It appears to be a civil wrong. Complainant had already filed a suit for recovery before the Debts Recovery Tribunal, New Delhi. Thus, the proceedings, drawing of cognizance and issuance of process are abuse of the process of law.;


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