HC declines to quash cheque bounce proceedings before CJM

Srinagar: Jammu and Kashmir High Court has dismissed a petition seeking quashing of proceedings before Chief Judicial Magistrate Pulwama in a cheque bounce case.
The petition was filed by Mohammad Shafi of Pulwama before the High Court seeking quashing of the proceedings initiated against him by the CJM under section 561-A.
The case against Shafi was filed before the CJM by one Ramesh Kumar Vasandani, claiming to be a fruit merchant from New Delhi and having registered firms in Pulwama, which are run by his attorney holder Ghulam Mohammad Dar.
In the complaint filed through his attorney holder, Vasandani alleged that Shafi approached him and requested for some money on the assurance that against the money advanced, fruit will be supplied. After settlement of accounts of sale proceedings  of the fruits, Vasandani said, an amount of Rs 6 lakh were found outstanding against Shafi who issued three cheques of 2 lakhs each to discharge the liability. However the cheques bounced due to insufficient funds in Shafi’s account in J&K Bank Shadimarg.
Subsequently, Vasandani filed a complaint before CJM Pulwama and the magistrate issued process under law against Shafi.
In his petition, Shafi had sought quashment of proceedings before the CJM, citing unfavourable climate resulting in lesser production of fruit due to which he could not supply and forward the requisite quantity of fruit to Vasandani.
Shafi said Vasandani called him to New Delhi and humiliated him before obtaining three “dateless cheques” from him with the promise that when fruit is forwarded, the cheques would be returned.
Shafi said that he sent huge quantity of fruit and asked Vasandani to settle the accounts which according to him annoyed Vasandani, leading to filing of the compliant.
After hearing both sides, a single bench of Justice Janak Raj Kotwal observed on a cursory look at the compliant and the documents supporting the same, it cannot be said that the commission of offence alleged is  not made out.
“No case for invoking inherent powers of the court having been made out by Shafi, the petition is dismissed,” the court added.