CRM(M) No.682/2025 1 | P a g e IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on: 08.11.2025 Uploaded on: 10.11.2025 CRM(M) No.682/2025 BASHIR AHMAD GANIE ...PETITIONER/APPELLANT(S) Through: - Mr. S.A.Hussain, Advocate. Vs. BASHIR AHMAD BHAT ...RESPONDENT(S) Through: - None CORAM: HON’BLE Mr. JUSTICE SANJAY DHAR, JUDGE JUDGMENT(ORAL) 1) The petitioner through the medium of present petition has challenged the complaint filed by the respondent before the Court of learned Mobile Magistrate, Anantnag (hereafter referred to as “the trial Magistrate”), alleging commission of offence under Section 138 of the Negotiable Instruments Act. 2) The ground urged for challenging the impugned complaint is that the petitioner has been unnecessarily impleaded as accused in the aforesaid complaint. According to the petitioner, drawer of the cheque which is subject matter of the impugned complaint is one Shri Mushtaq Ahmad Ganie, a different person from the petitioner whose name is Bashir Ahmad Ganie. It has been submitted that even while making statement under Sections 242 and 342 of J&K Cr.P.C before the trial Magistrate, this fact was brought by the petitioner to the notice of learned Sr. No.42 Suppl. 4 CRM(M) No.682/2025 2 | P a g e trial Magistrate, but still then the proceedings continued against him. On this basis it has been urged that the impugned complaint and the proceedings emanating therefrom against the petitioner are required to be quashed. 3) If we have a look at the record annexed by the petitioner alongwith his petition, it does appear that at the time of recording of his plea under Section 242 J&K Cr.P.C, the petitioner has made it known to the learned trial Magistrate that he is not Mushtaq Ahmad Ganie, the drawer of the cheque which is subject matter of the impugned complaint. It also appears that the petitioner had averred in his statement that he has nothing to do with the case and that he has been unnecessarily impleaded as accused. Record, however, shows that the petitioner continued to face trial before the learned trial Magistrate and trial of the case is infact complete. Even statement of the petitioner under Section 342 of J&K Cr.P.C stands recorded by the learned trial Magistrate. Documents on record show that case is pending at the stage of final arguments. 4) Having regard to the fact that the petitioner has approached this Court after about seven years of filing of the impugned complaint before the trial Magistrate and keeping in mind the fact that the case is at the stage of final arguments, it would not be appropriate for this Court to intervene at this stage. The question, whether the petitioner is the same person who had issued the cheque which is subject matter of the impugned complaint, can be determined by the learned trial Magistrate at the time of final disposal of the complaint. CRM(M) No.682/2025 3 | P a g e 5) Accordingly, the petition is disposed of leaving it open to the petitioner to raise the aforesaid contention before the learned trial Magistrate at the time of final arguments. The same shall be dealt with by the learned trial Magistrate in accordance with law on the basis of material on record. 6) Copy of this order be sent to learned trial Court. (SANJAY DHAR) JUDGE Srinagar 08.11.2025 Sarveeda Nissar Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 10.11.2025 14:58