Manzoor Ahmad Khan Vs Javaid Ahmad Malik (Jammu & Kashmir High Court)
SEO Title: J&K HC Refuses Section 482 Quashing of Cheque Bounce Complaints at Trial Stage
Summary: The High Court of Jammu & Kashmir and Ladakh at Srinagar dismissed two connected petitions filed by Manzoor Ahmad Khan under Section 482 CrPC, seeking quashing of complaints under Section 138 of the Negotiable Instruments Act, 1881, the cognizance orders dated 8 October 2022 and 22 December 2022, and the subsequent warrant order dated 24 March 2023.
The dispute arose from a land transaction. The respondent, Javaid Ahmad Malik, was stated to have paid ₹45.50 lacs to the petitioner for purchase of land at Srinagar, with the petitioner to execute a Sale Deed in favour of the respondent’s wife. After the Sale Deed was not executed, the petitioner issued ten cheques towards repayment. The cheques were dishonoured, resulting in two complaints for the aggregate amount of ₹45.50 lacs. One complaint concerned nine cheques and the other concerned one cheque.
The petitioner contended that the cheques were merely security cheques obtained under political pressure, that only ₹32 lacs had actually been received, that the cheques reflected an inflated amount, and that the demand notice had not been received. He also questioned service of summons during his detention under the Public Safety Act and relied upon an unsuccessful compromise stated to have been entered into after his release. He argued that the mandatory requirements of Section 138 had not been fulfilled and that multiple cheques could not form the subject matter of the complaints. Reliance was also placed on alleged non-reflection of the transaction in the complainant’s income-tax return and Section 269-B of the Income Tax Act, 1961.
