1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No.294/2025 CrlA (AS) No.09/2025 CrlM No.295/2025 Peer Mohammad Ashraf … Petitioner/Appellant (s) Through: - Mr. Waseem Ramzan Lone, Advocate. V/s Asif Ahmad Dar … Respondent(s) Through: -None. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE (ORDER) 19.03.2025 01. The appellant, as a complainant, preferred a complaint under section 138 read with section 142 of the Negotiable Instruments Act, 1881 against the respondent before the court of learned Additional Special Mobile Magistrate, Ganderbal on its File No.572/2024 with a date of institution as 01.05.2024. 02. The complaint came to be taken cognizance by the said court and the respondent upon being summoned is said to have appeared to stand trial. 03. Vide an order dated 10.02.2025, on account of default in appearance on behalf of the appellant for the last two hearings in the case, the court of learned Additional Special Mobile Magistrate, Ganderbal by virtue of an order dated 10.02.2025, came to dismiss the complaint for non- prosecution. 2 04. It is against said order dated 10.02.2025, that the appellant has come forward with the present appeal purportedly invoking section 419(4) of Bhartiya Nayaya Sanhita 2023-(BNS) seeking leave to appeal from said order of dismissal for non-prosecution of his criminal complaint. 05. For the purpose of seeking the leave, the appellant has preferred an application CrlM No.294/2025 so as to maintain the appeal. 06. The dishonored cheque on which the appellant came to initiate the criminal complaint against the respondent is for an amount of Rs.30,000/-. 07. The appellant, however, has not spelled out any reason except a very vague reason as set out in Para-17 of the memo of appeal that since he was suffering from various ailments which required him to visit the doctors rendering him unable to attend the hearings before the court, so the default in appearance on his part took place. In this regard in Para- 17, the appellant has referred to medical prescription annexed as annexure-III, a perusal whereof would show that the same pertains to a person ‘Parvaiz’ who expired on 24.01.2025 at 8.22 AM because of cardio respiratory arrest as certified by Sher-i-Kashmir Institute of Medical Sciences, Soura Srinagar-SKIMS. The appellant, is, thus, caught lying which renders him unworthy of any indulgence in the matter and, hence the application for leave to appeal is rejected out rightly. 08. CrlM No.294/2025 is dismissed along-with connected appeal and application. ( RAHUL BHARTI ) JUDGE Srinagar 19.03.2025 Muzammil. Q