Extracted from the PDF above. The PDF is authoritative.
CRM (M) No. 883/2023 Page 1 of 2 CrlM No. 1718/2023 Sr. No. 15 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:-CRM (M) No. 883/2023 CrlM No. 1718/2023
Balbir Singh
…. Appellant(s)/Petitioner(s)
Through:- None
V/s
Ramakant Bhasin
…..Respondent(s)
Through:- Mr. S. Baldev Singh, Advocate
CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 27.02.2026
1. There is no representation on behalf of the petitioner today. On the previous date of hearing also, none appeared for him. It is pertinent to note that vide order dated 09.10.2023, this Court had, at the interim stage, directed the learned Trial Court not to pronounce the
judgment. However, the said interim order subsequently stood vacated. From the record, it transpires that the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 is at its fag end. The petitioner, who is the accused in the said complaint, has already led his defence evidence.
2. Learned counsel for the respondent submits that when the matter was last listed before the Trial Court, final arguments were heard and written submissions were also taken on record from the complainant. However, the petitioner is avoiding the final hearing
CRM (M) No. 883/2023 Page 2 of 2 CrlM No. 1718/2023
and has been deliberately prolonging the proceedings. The conduct of the petitioner in remaining absent before this Court, coupled with the fact that the complaint pertains to the year 2008 and is still pending, reflects that he is not interested in prosecuting the present petition and appears to be adopting dilatory tactics.
3. The petitioner had filed the instant petition challenging the order passed by the Court below whereby his application under Section 540 of the Code of Criminal Procedure (corresponding to Section 311 Cr.P.C.) for recording further evidence was dismissed. Upon perusal of the impugned order, this Court finds no illegality, perversity, or jurisdictional error warranting interference. The learned Trial Court has already afforded ample opportunity to the petitioner to adduce evidence in support of his defence.
4. In view of the above, the present petition is dismissed on merits. The learned Trial Court is directed to proceed with the matter expeditiously and conclude the complaint at the earliest, after affording reasonable opportunity of being heard, to the parties in accordance with law.
(SANJAY PARIHAR)
JUDGE
JAMMU 27.02.2026 Diksha