Jammu & Kashmir High Court - Srinagar Bench
Jehangir Ahmad Wagay vs Zahoor Ahmad Mir on 16 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
18
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 51/2026 CrlM(113/2026).
JEHANGIR AHMAD WAGAY.
...Applicant(s)/Petitioner(s)
Through: Mr. Tariq M. Shah, Advocate.
VERSUS
ZAHOOR AHMAD MIR.
...Respondent(s)
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
16.02.2026
01. The petitioner is an accused in a complaint preferred by the respondent under section 138 read with section 142 of the Negotiable Instruments Act, 1881.
02. In the complaint, the petitioner has been stated to be the resident of District Shopian.
03. The institution of the complaint has taken place before the Court of the Chief Judicial Magistrate, Sopore, District Baramulla.
04. The petitioner comes forward with a challenge to the cognizance taking order dated 07.12.2023 passed by the Court of Chief Judicial Magistrate, Baramulla at Sopore on several grounds, including that the Court lacked inherent jurisdiction from the inception on account of the petitioner's residence being outside the territorial jurisdiction of the Chief Judicial Magistrate, Baramulla.
05. Reliance is placed on the judgment of the Hon'ble Supreme Court of India in "In Re: Expeditious Trial of Cases under Section 138 of the N.I. Act, 1881, AIR 2021 Supreme Court 1957."
06. Issue notice to the respondent.
07. Service of the respondent to take place through Tamilat section of the Principal District/Sessions Judge, Baramulla for which the purpose the petitioner to procure dasti summons from the Registrar Judicial, Srinagar and deliver it to the Tamilat Section of the Principal District/Sessions Judge, Baramulla within next seven days whereupon a Process Server be deputed to effect the service and return the process.
08. Send for the record of File No. 2953/2023 titled "Zahoor Ahmad Mir Vs. Jehangir Ahmad Wagay." from the Court of Chief Judicial Magistrate Baramulla at Sopore.
09. In the meantime, further proceedings in the complaint shall remain stayed.
10. List on 23rd March, 2026.
(RAHUL BHARTI) JUDGE SRINAGAR 16.02.2026 Bisma Jan.