Irfan Allahi vs Vivek Gupta
2025 Latest Caselaw 886 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Irfan Allahi vs Vivek Gupta on 5 March, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                          Serial No. 99
                                                    Supplementary-1 Cause List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                        CrlM No. 232/2025 in
                         Crl R No. 05/2025
                         CrlM No. 233/2025

Irfan Allahi.
                                                      ... Petitioner(s)
                            Through: -
      M/s Shabir Ahmad Dar & Jahangir Ahmad Wani, Advocates.
                               V/s
Vivek Gupta.
                                                   ... Respondent(s)

CORAM:

Hon'ble Mr Justice Rahul Bharti, Judge.

(ORDER) 05.03.2025 CrlM No. 232/2025:

01. This is an application filed by the applicant/ petitioner

seeking exemption from placing on record a certified copy of

impugned order dated 13th of December, 2024 passed by the court

of learned Principal Sessions Judge, Pulwama on file No.

JKPL010004422023.

02. The application, for the reasons stated therein, is

allowed and the applicant/ petitioner is, for the time being,

exempted from placing on record a certified copy of aforesaid

order dated 13th of December, 2024. He shall, however, do the

needful within a period of two weeks from today.

03. CrlM No. 232/2025 shall stand disposed of on the

above terms.

Crl R No. 05/2025; CrlM No. 233/2025:

04. The petitioner-Irfan Allahi was the complainant in a

criminal complaint case against the respondent-Vivek Gupta for

commission of offence under section 138 of the Negotiable

Instruments Act, 1881 before the court of learned Judicial

Magistrate, 1st Class, Pulwama on file no. 09/A of 2017 wherein

by virtue of a judgment dated 27th of February, 2023, the

respondent-Vivek Gupta, as an accused, came to be held guilty for

commission of offence under section 138 of the Negotiable

Instruments Act, 1881 read with sentence order dated 27 th of

February, 2023, whereby the respondent-Vivek Gupta came to be

sentenced to simple imprisonment for a period of six months and

also to pay a sum of Rs. 5,80,000/- (rupees five lacs and eighty

thousand only), in default thereof to undergo simple imprisonment

for two months.

05. Against the aforesaid conviction and sentence, the

respondent-Vivek Gupta preferred a conviction appeal under

section 408 read with section 409 of the Jammu & Kashmir Code

of Criminal Procedure Svt. 1989.

06. The appellate court of learned Principal Sessions

Judge, Pulwama came to set aside the conviction and

consequently the sentence pronounced against the respondent-

Vivek Gupta by the Court of learned Judicial Magistrate, 1st Class,

Pulwama. By a judgment dated 13th of December, 2024, the

appellate court came to acquit the respondent-Vivek Gupta from

the charge of dishonour of cheques in reference.

07. This outcome has led the petitioner/ complainant

aggrieved to invoke the revisional jurisdiction of this Court as

reserved under section 435 of the Jammu & Kashmir Code of

Criminal Procedure, Svt. 1989 which vests jurisdiction and power

in the High Courts as also in the Court of Session, to call for and

examine the record of any proceedings before any inferior court

for the purpose of satisfying itself as to the correctness, legality or

propriety of any finding, sentence or order recorded or passed and

also as to the regularity of any proceedings of such inferior court.

08. The petitioner is left with no other remedy except to

invoke the revisional jurisdiction of this court, as such, the present

revision petition is at the instance of the petitioner to seek

restoration of conviction and sentence of the respondent-Vivek

09. Issue notice to the respondent for his appearance in the

case at the first instance.

10. Service of the respondent to be affected by issuance of

summons at the first instance, service whereof to be carried out by

Senior Superintendent of Police (SSP), Jammu, who may depute

the Station House Officer (SHO) of the concerned Police Station

within whose jurisdiction House No. 139, Greater Kailash,

Jammu, Kunjwani Bye Pass, falls for service of the summons and

return the process to this court.

11. Send for the record of file No. 09/A of 2017 titled

'Irfan Allie Lone v. Vivak Gupta' from the court of Judicial

Magistrate, 1st Class, Pulwama and file No. JKPL010004422023

titled 'Vivak Gupta v. Irfan Allie Lone' from the court of

learned Principal Sessions Judge, Pulwama.

12. List again on 5th of May, 2025.

(Rahul Bharti) Judge SRINAGAR March 5th, 2025 "TAHIR"