Mohammad Altaf Shah vs Ghulam Qadir Langoo
2022 Latest Caselaw 132 j&K/2

                                                                                    S. No. 129
                                                                                    Suppl.Cause List-1
                 IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                                    AT SRINAGAR

                                           CRM(M) no. 74/2020
                                            CrlM no. 165/2020

         Mohammad Altaf Shah                                                       ...Petitioner(s)

         Through: Mr. Shakir Haqani, Advocate

                                                      Vs.

         Ghulam Qadir Langoo                                                     ...Respondent(s)
         Proprietor New Zeenat Guest House

         Through: Mr. Nazir Ahmad Bhat, Advocate

         CORAM:
            HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
                                                  ORDER

24.02.2022 Learned counsel for the petitioner states that the subject matter of the instant petition is a complaint filed by the respondent arising out of a cheque purported to have been issued by the petitioner herein to the respondent and a cognizance order passed by the Trial court upon entertaining the said complaint filed by the petitioner herein.

According to the learned counsel for the petitioner another petition filed before this Court pertaining to another cheque purported to have been issued by the petitioner to the respondent became subject matter of the complaint filed by the respondent herein before the same Trial court which passed the order under challenge in the instant petition and that the complaint and said cognizance order upon being questioned by the petitioner in CRM(M) no. 234/2020 has been considered and decided in favour of the petitioner.

Accordingly, to the learned counsel for the petitioner the judgment of the said petition mutatis mutendis applies to the facts of the present petition as well. Mr. Nazir Ahmad, appearing counsel for the respondent, however would controvert the counsel for the petitioner and would contend even though the identical petition has been decided by the coordinate Bench of this Court, yet the judgment passed therein is subject matter of a review petition filed by the respondent herein.

Having regard to the aforesaid position it is appropriate either to await the decision of the review petition or else direct to listing of the instant petition along with the review petition before the same bench. Registry to take necessary steps and list accordingly.

(JAVED IQBAL WANI) JUDGE SRINAGAR IMTIYAZ UL GANI 24.02.2022 2022.03.02 14:28 "Imtiyaz"

I attest to the accuracy and integrity of this document