Serial No.20 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(6291/2025) IN CM(M) 125/2024 Ghulam Hassan Beigh …Petitioner(s) Through: Mohammad Yawar Hussain, Advocate Vs. Mohammad Yousuf Khan ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 28.01.2026 1. The petition CM(M) No. 125/2024 came to suffer dismissal for non-prosecution in terms of order dated 03.09.2025. 2. Through the medium of the said petition, the petitioner/applicant-Ghulam Hassan Beigh was seeking supervisory jurisdiction as well as inherent powers of this Court vested under the Constitution of India read with Code of Criminal Procedure, Svt., 1973 with respect to an order passed by the Chief Judicial Magistrate, (CJM) Budgam in an execution proceedings relatable to a case under Section 138 of MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 29.01.26 the Negotiable Instruments Act, 1881 wherein the complainant-Mohammad Yousuf Khan was seeking execution of the order dated 01.12.2023 for recovery of Rs. 1,88,500/-. 3. On behalf of the respondent, Mr. Mohammad Amin Bhat, Advocate had caused his appearance in the main case as is confirmed from the order dated 05.08.2025. 4. However, on the date of dismissal of the case for non-prosecution, there was no appearance be it from the petitioner’s side as well as from the respondent’s side and the case suffered dismissal by virtue of an order dated 03.09.2025, for seeking restoration of which the petitioner has come forward with the restoration application being CM No. 6291/2025 filed on 22.09.2025, which is within time. 5. In the interest of justice, this application is allowed and the petition is restored with a condition that, in the event of a repeat default of appearance of counsel for the petitioner, the consequences would be solely at the door step of the petitioner. 6. CM disposed of. 7. The main case be listed on 09.02.2026. MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 29.01.26 8. Registrar Judicial, Srinagar to issue notice to Mohammad Amin Bhat, Advocate for his appearance in the main case on the next date of hearing. (RAHUL BHARTI) JUDGE SRINAGAR: 28.01.2026 <Mir Arif= MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 29.01.26