JAMMU & KASHMIR AND LADAKH AT JAMMU CRMC No. 604/2018 Time Chand v. Time Chand under section 138 Negotiable Instruments Act pending before the Chief
Case at a glance
Provisions considered
Key paragraphs
- Para 55. In view of the above, the present petition is found to be misconceived and is dismissed, leaving the petitioner free to raise all grounds urged in the present petition during the course of trial before the learned trial court. (RAJNESH OSWAL) JUDGE Jammu 04.12.2023…
Judgment
Through: Mr. R. P. Sharma, Adv. Mohd. Shafi S/o. Mohd. Abrahim R/o. Village Gali Battoli, Tehsil Chilli, Pingal, District Doda .…. Respondent(s) Through: Mr. Joginder Singh Thakur, Adv. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 04.12.2023
The present petition has been filed by the petitioner for quashing criminal proceedings in a complaint, titled, Mohd. Shafi vs Time Chand under section 138 Negotiable Instruments Act pending before the Chief Judicial Magistrate, Doda (hereinafter to be referred as the trial court), on the ground that while the said complaint was pending before the trial court, the parties had entered into compromise and in respect of the said assertion, the petitioner has placed on record, the compromise deed dated 05.04.2018 and one receipt. Objections stand filed by the respondent stating therein that the compromise deed was drafted and signature of the respondent was obtained but the payment was not made to the respondent. Heard learned counsel for the parties.
CRMC No. 604/2018 2
This Court is of the considered view, it is the defence of the petitioner that during the pendency of the complaint that he had made the payment to the respondent regarding which the compromise deed was executed between the parties and also one receipt was allegedly issued by the respondent. It is for the trial court to see whether the respondent had received the amount in lieu of cheque from the petitioner or not. Being a disputed question of fact, cannot be determined by this Court while exercising jurisdiction under section 482 Cr.P.C.
In view of the above, the present petition is found to be misconceived and is dismissed, leaving the petitioner free to raise all grounds urged in the present petition during the course of trial before the learned trial court. (RAJNESH OSWAL) JUDGE Jammu 04.12.2023 Rakesh Whether the order is speaking: Whether the order is reportable: Yes/No Yes/No
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