97 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 699/2025 CrlM(1752/2025) FAYAZ AHMAD GANAI ….. Petitioner (s) Through: Mr. Sheikh Manzoor, Adv. V/s M/S SHEZAN ENTERPRISES ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 14.11.2025 1. The petitioner, through the medium of present petition has challenged complaint filed by the respondent against him for offence under Section 138 of the Negotiable Instruments Act as also the order passed by the learned Judicial Magistrate 1st Class (Sub Judge) Srinagar whereby cognizance of offence has been taken and a process has been issued against the petitioner. 2. The first ground that has been urged for assailing the impugned complaint and the cognizance order is that the cheque which is subject matter of the impugned complaint P a g e | 2 CRM(M) 699/2025 CrlM(1752/2025) has been dishonoured for the reasons <drawer signature to operate account not received= which does not form a ground for launching prosecution for offence under Section 138 of the Negotiable Instruments Act. 3. In the above context, it is to be noted that the issue as to whether the petitioner had sufficient funds in the Bank at his credit at the time of handing over the cheque in question to the respondent which has been dishonoured for the reasons other than exceeding the arrangement, is a matter of trial and cannot be considered at this stage and in these proceedings. 4. The second ground that has been urged for assailing the impugned complaint and the impugned order is that the petitioner has not received notice of demand from the respondent. In this regard, it is to be noted in the complaint that the respondent has specifically alleged that he had served a notice of demand upon the petitioner. The question whether the said notice of demand was served P a g e | 3 CRM(M) 699/2025 CrlM(1752/2025) upon the petitioner can be gone into during the course of trial of the case and not in these proceedings 5. For the foregoing reasons I do not find any merit in this petition. the same is accordingly dismissed. (Sanjay Dhar) Judge SRINAGAR 14.11.2025 Aasif