HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRAA No. 35/2017 M/S Star Pharmaceuticals ….Petitioner/Appellant(s) Through :- Mr. Sudesh Sharma, Advocate. V/s Sanjeev Kumar ….Respondent(s) Through :- Mr. Ashfaq Ahmed, Advocate. CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER (06.02.2026) 01. Present appeal has been directed against order dated 20.04.2017, passed by learned 3rd Additional Munsiff (JMIC), Jammu [“the trial court”], in File No. 57/Complaint, titled “M/S Star Pharmaceuticals vs. Sanjeev Kumar”, arising out of a complaint, under Section 138 of Negotiable Instruments Act, whereby it came to be dismissed for non- prosecution on account of continuous absence of the complainant/appellant. 02. Appellant has invoked appellate jurisdiction of this Court primarily on the ground that complaint came to be dismissed for non- prosecution due to negligence on the part of the counsel for the complainant, and which cannot be attributed to the party-the appellant/complainant. Sr. No. 34 2 CRAA No. 35/2017 03. A perusal of the record reveals that complaint before the trial court was at the stage of infancy and even trial had not commenced. In the circumstances, it shall be expedient to allow the parties to contest the matter on merits. 04. In view of the above, present appeal is allowed and impugned order is set-aside, subject, however, to the payment of Rs. 2,000/- as costs, to be deposited in the Advocates’ Welfare Fund. As a consequence, complaint is restored to its original number and learned trial court is directed to proceed with the matter with expedition, as per law. 05. Disposed of. 06. Interim direction, if any, shall stand vacated. (Rajesh Sekhri) Judge JAMMU 06.02.2026 Abinash