07 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 1607/2025 In CRM (M) No. 650/2025 CrlM No. 1606/2025 Nazir Ahmad Dar ….. Petitioner (s) Through: Mr. M Sultan, Adv. V/s Abdul Hamid Nadaf ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 27.10.2025 CrlM No. 1607/2025: For the reasons stated in the application, the same is allowed and the requirement of filing certified copy of order dated 09th December 2006 is dispensed with. CrlM disposed of. CRM (M) No. 650/2025: The petitioner , through the medium of present petition has challenged orders dated 09.12.2006 and 28.02.2025 passed by the learned Special Mobile Magistrate (Railway Magistrate), Srinagar in a complaint filed by the respondent against the petitioner alleging commission of offence under Section 138 of the Negotiable Instrument Act. P a g e | 2 CrlM No. 1607/2025 In CRM (M) No. 650/2025 CrlM No. 1606/2025 Heard and considered. The ground urged by the petitioner is that no offence is made out against the petitioner on the basis of the allegations made in the complaint as the cheque which is subject matter, has been issued by the Cooperative Society and not by the petitioner in his individual capacity. A perusal of the impugned order dated 28.02.2025 passed by the trial Magistrate would reveal that the case is at a stage of final arguments. Having regard to this fact, it would not be appropriate for this Court to deal with the issue raised by the petitioner at this belated stage. The proper course would be to allow the learned trial court to go into the issue as to whether the complaint as against the petitioner could have been proceeded with in the aforesaid facts and circumstances of the case. While declining to entertain this petition, it is left open to the petitioner to urge the aforesaid ground before the learned trial court at the time of final arguments and the said court shall deal with this aspect of the matter while delivering its final judgment. A copy of this order be sent to the learned trial court. (Sanjay Dhar) Judge SRINAGAR 27.10.2025 Aasif