Extracted from the PDF above. The PDF is authoritative.
Serial No. 13 Regular Cause List
I IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 595/2025 CrlM(1468/2025)
MEHMOODA
…Petitioner/Appellant(s) Through: Mr. Bhat Khursheed, Adv.
Vs.
ALI MOHAMMAD SHEIKH
...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER 06.10.2025
1. Through the medium of the instant petition filed in terms of the provisions of Section 528 BNSS, the petitioner seeks quashment of the complaint purportedly filed by the respondent against her, as also of the order dated 15.05.2023 passed by the learned Trial Magistrate (Judicial Magistrate, Pampore) while taking cognizance against her on the said complaint for the commission of an offence under Section 138 of the Negotiable Instruments Act, on the main grounds that the complaint was filed purportedly against her as Mehbooba W/o Khurshid Hassan R/o Dahama Vilgam, District Kupwara when she is Mehmooda and secondly, the cognizance order was passed by the learned Magistrate without satisfying itself regarding the making out of all the requisite conditions,
especially including the issuance of prior demand notices in the name of the rightful person.
2. Heard the learned counsel for the petitioner and considered his
submissions.
3. In the facts and circumstances of the case and having regard to the relief sought for in the petition, this court is of the opinion that the matter can be disposed of even at this threshold stage by passing of appropriate directions that may take care of the grievances of the petitioner without causing any prejudice to the other side.
4. Accordingly, the instant petition is disposed of with a direction to the learned Trial Magistrate i.e., Judicial Magistrate, Pampore that he shall address the grievance of the petitioner as agitated in the petition and as also referred to in this order, through a reasoned order after hearing both the parties, before proceeding ahead in the complaint.
5. A copy of this order, along with the copy main petition, shall be forwarded to the learned Trial Magistrate for compliance.
6. Disposed of.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR: 06.10.2025
“Sakeena-PS”