Nazir Ahmad Dar vs Abdul Hamid Nadaf
2025 Latest Caselaw 1835 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Nazir Ahmad Dar vs Abdul Hamid Nadaf on 27 October, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                            07
                                                            Regular

      IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR
                             CrlM No. 1607/2025
                          In CRM (M) No. 650/2025
                             CrlM No. 1606/2025

Nazir Ahmad Dar
                                                         ..... Petitioner (s)

                        Through:      Mr. M Sultan, Adv.

                    V/s

Abdul Hamid Nadaf
                                                  ..... Respondent(s)
                        Through:
Coram:
            Hon'ble Mr. Justice Sanjay Dhar, Judge

                                 ORDER

27.10.2025

CrlM No. 1607/2025:

For the reasons stated in the application, the same is allowed and the

requirement of filing certified copy of order dated 09 th December 2006 is

dispensed with.

CrlM disposed of.

CRM (M) No. 650/2025:

The petitioner , through the medium of present petition has challenged

orders dated 09.12.2006 and 28.02.2025 passed by the learned Special

Mobile Magistrate (Railway Magistrate), Srinagar in a complaint filed by the

respondent against the petitioner alleging commission of offence under

Section 138 of the Negotiable Instrument Act.

Page |2

Heard and considered.

The ground urged by the petitioner is that no offence is made out against

the petitioner on the basis of the allegations made in the complaint as the

cheque which is subject matter, has been issued by the Cooperative Society

and not by the petitioner in his individual capacity.

A perusal of the impugned order dated 28.02.2025 passed by the trial

Magistrate would reveal that the case is at a stage of final arguments. Having

regard to this fact, it would not be appropriate for this Court to deal with the

issue raised by the petitioner at this belated stage. The proper course would

be to allow the learned trial court to go into the issue as to whether the

complaint as against the petitioner could have been proceeded with in the

aforesaid facts and circumstances of the case.

While declining to entertain this petition, it is left open to the petitioner

to urge the aforesaid ground before the learned trial court at the time of final

arguments and the said court shall deal with this aspect of the matter while

delivering its final judgment.

A copy of this order be sent to the learned trial court.

(Sanjay Dhar) Judge SRINAGAR 27.10.2025 Aasif