1. Petitioners, a Proprietorship concern through its proprietor, Sandeep Mawa, and four others, have invoked the jurisdiction of this Court in terms of the provisions of 561-A of Code of Criminal Procedure, for quashing the order passed by the learned Principal District Judge, Srinagar on 03.09.2011 as also the consequential proceedings drawn by the learned 1st Additional (Munsiff) Judicial Magistrate, Srinagar, in terms of order dated 22.09.2011 on the strength, of the aforesaid order dated 03.08.2011. 2. It appears that the petitioner No. 1 filed two complaints under section 138 read with Section 142 of Negotiable Instrument Act, (for short 'Act'), before the Learned Chief Judicial Magistrate, Srinagar, on 16.6.2007 and 29.6.2007. The learned Chief Judicial Magistrate, vide his orders passed on the aforesaid two respective dates, took cognizance of the two complaints and issued the processes for the Commission of Offences under Section 138 read with 148 of the Act. 3. It is submitted that the respondents questioned the said orders by medium of two revision petitions before the learned 2nd Additional Sessions" Judge, Srinagar. The revision petitions so filed were dismissed by the learned Additional Sessions Judge, Srinagar. The respondents, feeling aggrieved of the orders passed by the learned Additional Sessions Judge dismissing the two revision petitions, questioned the same by medium of two petitions under Section 561-A.Cr.P. C. before this Court, which were disposed of on 31.12.2009. 4. During the pendency of the aforesaid petitions under Section 561-A Cr. P. C. before this Court, the complainant, i.e., petitioner no. 1 herein, filed an application before the learned Chief Judicial Magistrate, Srinagar, for placing on record the documents viz., deposit slip of cheque in question, memo of dishonour of the cheque in question issued by the concerned Bank and the letter addressed to the petitioner by his Banker intimating to him the fact of the cheque having been dishonoured. 5. That, as mentioned above, the two petitions under section 561-A Cr. P. C. filed before this Court against the orders passed by the learned Additional Sessions Judge, Srinagar, were disposed of on 31.12.2009 in which certain observations and directions were made. The complainant, petitioner no.1 herein, after noticing the orders of this Court, filed amended complaints before the learned Chief Judicial Magistrate, Srinagar. The learned Magistrate, vide order dated 25.2.2010, took cognizance thereof and issued processes against the respondents. The complainant, petitioner no.1 herein, after noticing the orders of this Court, filed amended complaints before the learned Chief Judicial Magistrate, Srinagar. The learned Magistrate, vide order dated 25.2.2010, took cognizance thereof and issued processes against the respondents. The said order was challenged by the respondents before the Learned Additional Sessions Judge, Srinagar and proceedings drawn by the learned Magistrate were kept in abeyance by the learned Additional Sessions Judge. It appears, petitioner No. 1 filed two separate applications before the learned Additional Sessions Judge, Srinagar, on 08.02.2011 for return of two original cheques. The two applications thus filed were allowed and the original cheques were returned to the complainant with direction that certified copies thereof be retained on the files. 6. It is further submitted that petitioner No. 1 instituted civil suit before the learned Principal District Judge, Srinagar, on 19.02.2011 registered under No. 30/Numbri, for recovery of rupees thirty lacs in terms of Order XXXVII of Code of Civil Procedure and the said two original cheques were made part of the said civil suit. The said suit was decreed in favour of petitioner No. 1 vide judgement land decree dated 29.06.2011. 7. It is further submitted that the respondents herein filed an application under section 195 Cr. P. C. read with 476 Cr. P.C. before the learned Principal District Judge, Srinagar, for holding a preliminary inquiry for the offences under Sections 193,196,198,199, 203, 209, 210,201 and under section 466, 467, 478, 471,474, 477, 477-A read with Section 120-B RFC. The said application was diarized and on 03.09.2011 the Principal District Judge, Srinagar, passed an order thereon whereby the Court ordered preliminary enquiry into the offences aforementioned. The learned Principal District Judge, Srinagar, also drew up a complaint against the petitioners and forwarded the same to the 1st Additional (Munsiff) Judicial Magistrate, Srinagar, for disposal. In consequence of the said order, the learned 1st Additional (Munsiff) Judicial Magistrate, Srinagar, issued process against the petitioners herein. 8. It is in the background of the facts narrated above that the petitioners, feeling aggrieved of the orders dated 03.9.2011 passed by the learned Principal District Judge, Srinagar, on the application filed by the respondents, as also the order dated 22.9.2011 passed by the learned 1st Additional (Munsiff) Judicial Magistrate, have filed this petition under Section 561-A Cr. 8. It is in the background of the facts narrated above that the petitioners, feeling aggrieved of the orders dated 03.9.2011 passed by the learned Principal District Judge, Srinagar, on the application filed by the respondents, as also the order dated 22.9.2011 passed by the learned 1st Additional (Munsiff) Judicial Magistrate, have filed this petition under Section 561-A Cr. P. C, praying therein that the aforesaid orders thus passed by the learned Principal District Judge, Srinagar and the 1st Additional (Munsiff) Judicial Magistrate, Srinagar, referred to hereinabove, and the consequential proceedings drawn and initiated by the 1st Additional (Munsiff) Judicial Magistrate, Srinagar, be quashed, being an abuse of the process of law on the grounds enumerated hereunder. 9. It is submitted that the order records that, prima facie, it is established that the cheques, which were presented before the Court of the Principal District Judge, Srinagar, in the suit filed under Order XXXVII CPC have been removed from the file of CJM, where the proceedings under Section 138 of the Negotiable Instruments Act were pending, have been tampered with and the two cheques have been used for getting the decree under order XXXVII CPC "from this Court", i.e., the Court of Principal District Judge, Srinagar. 10. It becomes axiomatic from the facts and the impugned order that the learned Principal District Judge, Srinagar, has acted in, somewhat, haste on the application filed by the respondents. The Principal District Judge, before passing the order, ought to have issued notice to the petitioners herein to enable them to defend themselves and place the relevant documents on record. Had the Principal District Judge, Srinagar, issued notice to the petitioners before making the order dated 03.09.2011, the petitioners, as submitted on their behalf, would have placed copies of the applications moved by them and accepted by the learned Additional Sessions Judge, Srinagar on 09.02.2011 for return of the cheques, memos and the order passed by the Additional Sessions Judge, thereon and, there is all possibility, on perusal of these documents, the learned Principal District Judge would not have issued the orders as actually passed by it. The photocopies of the applications are annexed and marked as annexures 'J' and"J1' to the petition. 11. The photocopies of the applications are annexed and marked as annexures 'J' and"J1' to the petition. 11. The learned Principal District Judge, Srinagar, has also recorded in the order that the original cheques presented before the Court during the summary proceedings show on the front of the cheque the seal of the Punjab National Bank, Branch Amirakadal, whereas on the back of the cheque there is the seal of Punjab National Bank, Hudson Circle, Bangalore, City Branch, Bangalore Branch of Punjab National Bank. The observation made by the Principal District Judge, Srinagar, about the presenting the cheque before the Punjab National Bank of Amirakadal Branch, Srinagar, and Domlor Branch Bangalore, simultaneously, has been specifically averred in this petition at paragraph 7 of the petition and both the cheques were presented through their banker Punjab National Bank and the Banks have also given the reasons about the dishonoring of the cheques. It will be useful to reproduce paragraph 7 of the petition, which is extracted: "That when the two cheques presented for encashment, they were dishonoured resulting in filing of two complaints under Sect 138 Negotiable Instrument Act by the Petitioner No, 1 before CJM Srinagar one on 76.06.2007 and another 29.06.2007. In the said two complaints it was inter alia averred by the petitioner No. 1 that on 23.04.2007, the petitioner No. 1 presented the cheque No. 603651 and 603652 drawn on Union Bank of India aforementioned through his bankers Punjab National Bank, Hudson Circle Bangalore, but the aforesaid cheques issued by the respondents were dishonoured for the reason "insufficient funds". Thereafter a notice was issued to the respondents through registered post calling upon them to make the payment covered under aforesaid two cheques." 12. From what has been stated hereinabove, prima facie, it reveals that the impugned orders have been passed at the back of the petitioners without affording them any opportunity of being heard. It goes without saying that if the learned Principal District Judge, Srinagar, would have come to know about the presentation of two applications before the Additional Sessions Judge, Srinagar, and the orders passed thereon by that Court, the impugned order dated 03.09.2011 passed by the learned District Judge, Srinagar, and the consequential order dated 22.09.2011 passed by the learned 1st Additional (Munsiff) Judicial Magistrate, Srinagar would not have come into existence. 13. 13. In view of the above, I have no hesitation in holding that the impugned orders and the proceedings initiated by the learned 1st Additional (Munsiff) Judicial Magistrate, Srinagar, constitute an abuse of the process of law, the same having resulted from hot haste demonstrated by the learned Principal District Judge, Srinagar, and at the back of the petitioners, without affording them an opportunity of being heard. The course thus adopted by the learned Subordinate Courts is not tenable in law. 14. In the aforementioned background, this petition is allowed. Both the impugned orders are quashed. The application shall come up for consideration before the learned Principal District Judge, Srinagar, after hearing the petitioners and the respondents and appropriate orders shall be passed in accordance with law after affording reasonable and sufficient opportunities to the parties. 15. Registry is directed to remit the record forthwith along with a copy of this order.