Mohammad Amin Bhat vs Mohammad Amin Dar on 23 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Mohammad Amin Bhat vs Mohammad Amin Dar on 23 January, 2025

                                                      Serial No.47
                                                     Supp. Cause list
    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR
                     CRM(M) 33/2025 CrlM(53/2025)
MOHAMMAD AMIN BHAT                                   ...Petitioner(s)


Through: Mr. Sheikh Mushtaq, Advocate
                                   Vs.

MOHAMMAD AMIN DAR                                   ...Respondent(s)


Through:
 CORAM: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE.
                      ORDER

23.01.2025
Petitioner is aggrieved of order dated 11th September, 2024
passed by the Ld. City Magistrate, Srinagar [“the trial court”], vide
which learned trial court has issued process against him in a
complaint titled “Mohammad Amin Dar Vs. Mohammad Amin Bhat”

under Section 138 of the Negotiable Instruments Act, primarily on the
ground that the procedure envisaged under Section 223 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 [the BNSS] has been
observed in breach; inasmuch as neither the statement of any
witnesses has been recorded nor he has been afforded an opportunity
of being heard, in terms of 1st proviso of the said provision.

Prima facie case for indulgence is made out.
Issue notice to the respondents, returnable within four
weeks. Requisites steps be taken within a period of one week.

List on 26.03.2025.

In the meanwhile, subject to objections and till next date of
hearing before the Bench, proceedings before the trial court shall stay.

(RAJESH SEKHRI)
JUDGE
SRINAGAR:

23.01.2025
“ARIF”