RAVINDER SHARMA Vs. J AND K BANK LTD
HIGH COURT OF JAMMU AND KASHMIR
J.AND K.BANK LTD.
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(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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