Jammu & Kashmir High Court – Srinagar Bench
Abdul Rashid Mir vs Rifat Ali on 20 December, 2024
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
S. No. 01
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 725/2024 CrlM(1679/2024)
ABDUL RASHID MIR ...Petitioner(s)/Appellant(s)
Through: Ms. Azra Bhat, Advocate vice
Mr. Asif Ahmad Bhat, Advocate
Vs
RIFAT ALI ...Respondent(s)
Through:
CORAM:
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
20.12.2024
1. In the instant petition, petitioner has invoked jurisdiction under
Section 482 Cr.P.C (528 BNSS, 2023) thereby challenging the orders
dated 16.03.2024 and 03.10.2024 passed by learned Chief Judicial
Magistrate, Srinagar in a complaint filed in terms of Section 138 of
Negotiable Instruments Act in case titled “Rifat Ali vs Abdul Rashid
Mir”.
2. It is stated by learned counsel for the petitioner that while passing the
impugned orders, the learned Chief Judicial Magistrate, Srinagar has
not given any brief reasons while granting 20% of interim
compensation in favour of the respondent herein.
3. Learned counsel for the petitioner in support of her submissions, has
relied upon the judgment passed by the Supreme Court of India in
case titled “Rakesh Ranjan Shrivastava v. The State of Jharkhand &
Anr” passed in Criminal Appeal No. 741 of 2024.
4. Notice to the respondent in the main case as also in CM returnable
within a period of four weeks. Requisite steps for service within one
week.
5. List on 11.03.2025.
6. In the meantime, subject to objections from other side and till next
date of hearing, the operation of the impugned orders dated
16.03.2024 and 03.10.2024 shall remain stayed.
7. Alteration/modification/vacation on motion.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
20.12.2024
Aamir
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