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2025 DAILYLAW 1403 (JK)

GULZAR AHMAD WANI v. AB.HAMID DAR

CRM(M)/230/2025 · 2026-08-04

Sanjay Dhar

body2025

Judgment text

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Serial No. 53 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ******* CRM(M) 230/2025 CrlM(526/2025). GULZAR AHMAD WANI. …Petitioner (s) Through: None. VERSUS AB. HAMID DAR. Through: Mr. Bilal Ah. Malla, Advocate. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 04-08-2026 01. The petitioner, through the medium of the present petition, has challenged order dated 18th of October 2023 passed by the Judicial Magistrate 1st Class (Munsiff), Shopian, under Section 143 A of the Negotiable Instruments Act, in a complaint filed by the respondent against the petitioner, whereby he has been directed to pay interim compensation amounting to ₹1,20,000 to the respondent. 02. Heard and considered. 03. It appears that the impugned order has been passed by the learned trial Magistrate on the ground that the petitioner/accused is a habitual violator of law, without there being any material on record to this effect. Learned counsel for the respondent has fairly conceded this position. 04. In view of the above, the impugned order is set aside and the matter is remanded to the learned trial court with a direction to consider the application of the respondent under Section 143 A of the Negotiable Instruments Act afresh, after hearing the parties. 05. Disposed of along with connected CrlM. 06. A copy of this order be sent to the learned trial Magistrate for information and compliance. (Sanjay Dhar) Judge SRINAGAR 04-08-2026 Showkat Khan