Mst. Azra And Ors vs Mohammad Afzal Baghat
2026 Latest Caselaw 592 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mst. Azra And Ors vs Mohammad Afzal Baghat on 10 February, 2026

                                                               Serial No. 2
                                                               Regular Cause List
  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR
                                  ...
                        CrlM(2129/2025) IN CrlA(AS) 75/2025
                               CrlM(56/2026

MST. AZRA AND ORS.

                                                               .........Petitioner(s)
                              Through:
                          Mr. Anis ul Islam, Adv.
                         Mr. Ishtiyaq Ahmad, Adv.
                         Mr. Aadil Mushtaq, Adv.
                               Versus
MOHAMMAD AFZAL BAGHAT

                                                              .......Respondent(s)

                               Through:

CORAM:
    HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
                                   ORDER

10.02.2026

1. Through the medium of the instant application supported with an affidavit, the applicants/appellants seek the condonation of delay of one day in filing the accompanying criminal acquittal appeal against the judgment/order dated 25.10.2025 passed by the Court of learned Judicial Magistrate (Sub-Judge), Chadoora hereinafter referred to as the Trial Magistrate in a complaint filed under and in terms of Section 138 of Negotiable Instruments Act, 1881 titled "Mst. Azra and Ors. vs. Mohammad Afzal Baghat" on the main ground that the delay of one day is neither intentional nor deliberate as fully explained and justified in the memo of application.

2. Heard the learned counsel for the applicants in respect of the application. Perused the application which is supported with an affidavit.

3. In the backdrop, this Court is of the opinion that it may meet the ends of justice in case the application is allowed and the delay of one day having occasioned in filing the accompanying acquittal appeal is condoned so that the proposed appeal is decided on its own merits. The application is accordingly allowed and the delay of one day is condoned.

4. Application disposed of.

5. Through the medium of the instant application supported with an affidavit, the applicants/appellants seek the leave of this court for preferring the accompanying acquittal appeal against the order dated 25.10.2025 passed by the Court of learned Judicial Magistrate (Sub-Judge), Chadoora hereinafter referred to as the Trial Magistrate in a complaint filed under and in terms of Section 138 of Negotiable Instruments Act, 1881, titled "Mst. Azra and Ors. vs. Mohammad Afzal Baghat" on the main ground that there is primafacie merit in the main appeal, which deserves its disposal.

6. Heard the learned counsel for the applicants and considered his submissions. Perused the application which is supported with an affidavit.

7. In the backdrop, this Court is of the opinion that it may meet the ends of justice in case the application is allowed, so that the main appeal can be disposed of on its own merits. Application is accordingly allowed and the main appeal is permitted to be filed.

8. Issue notice to the respondents returnable by the next date of hearing, subject to taking of steps for service within a week's period.

9. List on 23rd March, 2026.

(MOHD YOUSUF WANI) JUDGE Srinagar 10.02.2026 Sakeena-PS