Jammu & Kashmir High Court - Srinagar Bench
Fayaz Ahmad Bhat vs Mohd. Maqbool Bhat on 25 October, 2021
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 158
Before Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
CrlM No. 1166/2021 in
CRM(M) No. 341/2021
Fayaz Ahmad Bhat .....Petitioner(s)
Through: Mr. Sheikh Manzoor, Advocate.
V/s
Mohd. Maqbool Bhat ..... Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
25.10.2021 The petitioner is aggrieved and has challenged the order dated 19 th July 2021, passed by learned Chief Judicial Magistrate, Shopian (for short Trial Magistrate) in a compliant filed under section 138 read with section 141 and 142 of Negotiable Instrument Act titled as Mohd. Maqbool Bhat V/s Fayaz Ahmad Bhat primarily on the ground that Trial Magistrate lacks territorial jurisdiction to entertain the complaint.
It is submitted that the cheque in the instant case was issued by the petitioner in favour of the respondent drawn on Axis Bank Ltd at Azadpur, Delhi, where the petitioner has maintained his account. The cheque was presented by the respondent in his account maintained in the Axis Bank at Azadpur Delhi, which was returned by the banker of the respondent vide memo dated 27.02.2015, for want of sufficient funds in the account of petitioner. A legal notice making the demand of the amount of cheque was made by the respondent through his counsel at Delhi. He further submits, that earlier a complaint was filed by the respondent before the Delhi Court but the same, as is apparent from the impugned order, appears to have been returned to the respondent which upon return has been presented before the Trial Magistrate, Shopian.
In the back drop, of aforesaid fact situation, the learned counsel for the petitioner submits that the Trial Magistrate does not have any jurisdiction to entertain the complaint and issue notice to the respondent.
Having heard Mr. Sheikh Manzoor, learned counsel for the petitioner and perused the material on record, prima facie it seems that the learned Magistrate does not have jurisdiction to entertain this compliant.
The Court of learned Chief Judicial Magistrate shall transmit the scaned copy of the entire record of the complaint to this Court by next date of hearing.
Issue notice in the main petition as well as in CrlM to the respondent returnable within a period of four weeks.
Requisites for service within one week.
List on 9th December 2021.
In the meantime, subject to objections and till next date, there shall be no further proceeding in the complaint pending before the Trial Magistrate.
(SANJEEV KUMAR) JUDGE SRINAGAR 25.10.2021 "Nuzaht "