Court : Jammu and Kashmir
Reported in : 1996CriLJ1558
ORDERA.B. Qadir Parray, J.1. This petition was heard the judgment reserved on 12-9-1995, subjects to production of records within one week by the respondent/State. By now more than ten days have passed, but neither records have been made available nor is there any response for the same.2. By this petition moved under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir State, the petitioner has asked for the issuance of writ of certiorari for quashing the detention order passed by respondent No. 2 i.e. District Magistrate, Shrinagar, vide order No. DMS/PSA/Misc/19/95 dated 19-4-1995 under the Jammu and Kashmir Public Safety Act and writ of mandamus, directing the respondents to set at liberty the detenue forthwith wherever he is lodged at the time of passing of order of release.3. The petitioner was constrained to file this petition and challenge the detention of the detenue as because when the detenue was detained under the aforesaid ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996CriLJ681
ORDERBilal Nazki, J.1. The respondent has filed a complaint against the petitioner in the Court of Sub Judge Judicial Magistrate Ist Class, Jammu under Section 138 of the Negotiable Instruments Act and the learned Magistrate had issued the process.2. On Ist of June 1993 When the parties appeared before the Magistrate a plea was taken by the accused that the complaint and the statements recorded by the Magistrate under Section 242, Cr. P. C. do not disclose that the accused had issued a cheque in discharge of debt which was prerequisite under Section 138 of the Negotiable Instruments Act. The Magistrate adjourned the case for further arguments.3. This petition has been filed under Section 561-A, Cr. P.C. seeking quashment of the proceedings before the learned Magistrate.4. I have heard the learned counsel for the parties. Mr. Johal appearing for the petitioner has drawn my attention to Section 138 of the Negotiable Instruments Act. He submits that the bare reading of the section would s...
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