Varinder Kumar Khullar vs M/S Trishul Traders And Others
2024 Latest Caselaw 3 j&K

Jammu & Kashmir High Court

Varinder Kumar Khullar vs M/S Trishul Traders And Others on 12 January, 2024

Author: Wasim Sadiq Nargal

Bench: Wasim Sadiq Nargal

                                                                 Sr. No. 7

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                      CRM(M) No. 13/2024

Varinder Kumar Khullar                            .... Petitioner/Appellant(s)

                        Through:-      Mr. Rameshwar P. Sharma, Advocate

                  V/s

M/S Trishul Traders and others                            .....Respondent(s)

                        Through:-

CORAM:HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                  ORDER

12.01.2024

1. The short submission which has been advanced by the learned counsel

for the petitioner is that the learned 2nd Additional Munsiff, Jammu has

passed the order, wherein, the petitioner has been arrayed as accused

without any basis or ground to form a prima facie opinion regarding

the alleged commission of offences against him.

2. He further submits that the learned Magistrate without application of

mind and against the provisions of law constituting any liability under

Section 138 of Negotiable Instruments Act read with Section 141, the

passing of cognizance order to summon the petitioner is illegal and

unwarranted and it infringes the freedom of the petitioner and will fall

within the ambit of abuse of law.

3. Learned counsel strenuously argued that there is no material or specific

allegation in the complaint with regard to the part played by the

petitioner in the transaction in question and without proof of any debt

or other liability, even prima facie against the petitioner, the process

could not have been issued by the court below, which is highly

erroneous and bad in the eyes of law.

4. He further submits that the petitioner does not fall within the purview

of Section 141(1) and 141(2) of Negotiable Instruments Act and, thus,

the filing of complaint and passing of impugned order against the

petitioner is unwarranted and illegal in the light of law laid down by

the Apex Court judgments.

5. The specific case of the petitioner is that he is not a partner and has no

business with respondent No. 3 and, thus, the very initiation of process

by the court below against the petitioner is without any basis.

6. Heard learned counsel for the petitioner at length and perused the

record.

7. Prima facie case for indulgence is made out.

8. Issue notice to the respondents. Steps for the service of respondents

within one week. Subject to petitioner taking steps, Registry to issue

notice to the respondents, returnable within four weeks.

9. List on 21.02.2024.

10. In the meantime, subject to objections from the other side and till next

date of hearing, the order dated 25.11.2021 passed by the 2nd

Additional Munsiff, JMIC Jammu in file No. 11813 of 2021/complaint

titled "M/S Trishul Traders and another Vs. Arun Khullar" shall

remain stayed insofar as petitioner is concerned.

11. Alternation/modification on laying motion.

(WASIM SADIQ NARGAL) JUDGE

Jammu 12.01.2024 Vishal