Jammu & Kashmir High Court – Srinagar Bench
Junaid Ahmad Khatju vs Shafat Ahmad Shah on 24 December, 2024
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No.112
Suppl. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) No. 780/2024
JUNAID AHMAD KHATJU
... Petitioner(s)
Through: -Mr.Naseer Ahmad Lone, Advocate.
Vs.
SHAFAT AHMAD SHAH
...Respondent(s)
Through: -None
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
1. The petitioner through the medium of present petition has
challenged order dated 30.08.2024, passed by learned Special
Mobile Magistrate (PT&E), Srinagar (hereafter referred to as ‘the
trial Magistrate’) as upheld by learned 4th Additional Sessions Judge,
Srinagar vide his order dated 10.12.2024. Vide impugned order
dated 30.08.2024 passed by learned trial Magistrate, interim
compensation in terms of Section 143-A of Negotiable Instruments
Act amounting to 20% of the cheque, which is subject matter of the
complaint filed by the respondent against the petitioner under
Section 138 of N.I.Act, has been awarded in favour of the respondent
against the petitioner.
2. Learned counsel for the petitioner had submitted that the
impugned order dated 30.08.2024 has been passed by learned trial
CRM(M) 780/2024 Page 1 of 2
Magistrate in derogation of the principles laid down by the Supreme
Court in the case of Rakesh Ranjan Shrivastava v. State of Jharkhand
and Another, (2024) 4 Supreme Court Cases 419, inasmuch as, the
learned trial Magistrate has not taken into consideration the factor
that the petitioner has already filed a suit for rendition of accounts
and damages against the respondent which is pending before the
Court of City Judge, Srinagar.
3. Issue notice to the respondent subject to petitioner taking
necessary steps within a week’s time. In the meanwhile, the
impugned order passed by the trial Magistrate as upheld by the 4th
Additional Sessions Judge, Srinagar is stayed.
4. Be listed on 18th February, 2025.
(SANJAY DHAR)
JUDGE
SRINAGAR
24.12.2024
Sarveeda Nissar
CRM(M) 780/2024 Page 2 of 2
Sarveeda Nissar
I attest to the accuracy and
authenticity of this document
every page at bottom left side
26.12.2024 17:10