27 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 127/2025 CrlM(265/2025) Abdul Rouf Wani ….. Petitioner (s) Through: Mr. N A Dendru, Advocate. V/s Mohammad Hayat Beigh ….. Respondent(s) Through: Mr. Bilal Ahmad Khan, Advocate. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 05-05-2025 The ground urged by the petitioner for impugning order dated 07- 02-2024 passed by learned Judicial Magistrate First Class (City Munsiff) Srinagar in a complaint filed by respondent against the petitioner under section 138 NI’s Act is that there was delay in filing the complaint on the part of the respondent/complainant and the learned Trial Magistrate without adverting to this aspect of the matter has proceeded to take cognizance of the offences and issued the process against the petitioner. Learned counsel for the respondent fairly concedes the aforesaid position and submits that he has no objection in case the impugned order passed by the learned Trial Magistrate is set aside and the respondent/complainant is given liberty to move application for condonation of delay in filing the complaint. In view of above the impugned order dated 07-02-2024 passed by learned Trial Magistrate is set aside, leaving it open to the respondent to make an appropriate motion seeking condonation of delay in filing the complaint. If the same is done by the respondent, the learned trial court shall proceed in the matter in accordance with law. A copy of this order be forwarded to the learned Trial Magistrate for information. (Sanjay Dhar) Judge SRINAGAR 05-05-2025 Sarvar