Abdul Rashid Sofi vs Dr. Muzamil Hassan Khan
2024 Latest Caselaw 502 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Abdul Rashid Sofi vs Dr. Muzamil Hassan Khan on 26 April, 2024

                                                                        S. No. 76
                                                                        Supplementary list
                        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR
                                                     CRM(M) 195/2024

                       Abdul Rashid Sofi                                     Appellant(s)/Petitioner(s)



                     Through: Mr. Ajaz A. Bhat, Adv.
                                                           Vs.
                     Dr. Muzamil Hassan Khan                                          ...Respondent(s)

                     Through:

                     CORAM:HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
                                                        ORDER

26.04.2024

Petitioner through the medium of this petition under Section 482 Cr.P.C. seeks quashment of Order dated 14.12.2023 passed by learned Additional Special Mobile Magistrate Ganderbal on an application seeking execution of decree/judgment filed in terms of Order 21 Rule 11 CPC qua compromise executed in complaint under Section 138 Negotiable Instruments Act, alleging that the same is an abuse of the process of Court and miscarriage of justice.

Learned counsel for the petitioner submits that an order passed under Section 138 of the Negotiable Instruments Act, cannot be enforced as a civil decree, as the criminal procedure is to be applied for encorcement of such an order, and, as such, the trial Court has committed legal error.

Heard. Issue notice to the respondents returnable within four weeks, subject to filing of requisites within one week.

List on 07.06.2024.

Meanwhile, subject to objections and till next date of hearing, execution proceedings before the Court below, are stayed.

;

(MA CHOWDHARY) JUDGE SRINAGAR 26.04.2024 Hilal Ahmad