Jehangir Ahmad Wagay vs Zahoor Ahmad Mir
2026 Latest Caselaw 737 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Jehangir Ahmad Wagay vs Zahoor Ahmad Mir on 16 February, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                               18
                                                               Regular



            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT SRINAGAR
                         CRM(M) 51/2026 CrlM(113/2026).

         JEHANGIR AHMAD WAGAY.
                                                    ...Applicant(s)/Petitioner(s)
              Through:     Mr. Tariq M. Shah, Advocate.

                                        VERSUS
         ZAHOOR AHMAD MIR.
                                                             ...Respondent(s)
              Through:     None.

   CORAM:
              HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
                                     ORDER

16.02.2026

01. The petitioner is an accused in a complaint preferred by the

respondent under section 138 read with section 142 of the

Negotiable Instruments Act, 1881.

02. In the complaint, the petitioner has been stated to be the resident

of District Shopian.

03. The institution of the complaint has taken place before the Court

of the Chief Judicial Magistrate, Sopore, District Baramulla.

04. The petitioner comes forward with a challenge to the cognizance

taking order dated 07.12.2023 passed by the Court of Chief

Judicial Magistrate, Baramulla at Sopore on several grounds,

including that the Court lacked inherent jurisdiction from the

inception on account of the petitioner's residence being outside

the territorial jurisdiction of the Chief Judicial Magistrate,

Baramulla.

05. Reliance is placed on the judgment of the Hon'ble Supreme Court

of India in "In Re: Expeditious Trial of Cases under Section 138 of

the N.I. Act, 1881, AIR 2021 Supreme Court 1957."

06. Issue notice to the respondent.

07. Service of the respondent to take place through Tamilat section of

the Principal District/Sessions Judge, Baramulla for which the

purpose the petitioner to procure dasti summons from the

Registrar Judicial, Srinagar and deliver it to the Tamilat Section of

the Principal District/Sessions Judge, Baramulla within next

seven days whereupon a Process Server be deputed to effect the

service and return the process.

08. Send for the record of File No. 2953/2023 titled "Zahoor

Ahmad Mir Vs. Jehangir Ahmad Wagay." from the Court of

Chief Judicial Magistrate Baramulla at Sopore.

09. In the meantime, further proceedings in the complaint shall

remain stayed.

10. List on 23rd March, 2026.

(RAHUL BHARTI) JUDGE

SRINAGAR 16.02.2026 Bisma Jan.