HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 270/2025 CrlM No. 527/2025 Anant Kumar Jain …..Appellant(s)/Petitioner(s) Through: Mr. Tarun Sharma, Advocate. vs Suresh Kumar Abrol .…. Respondent(s) Through: Mr. M. L. Gupta, Advocate. Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE ORDER(ORAL) 01.07.2025 1. Through the medium of the instant petition, filed under the provisions of Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS, for short), the petitioner seeks the quashment of the complaint filed by the respondent against him in the Court of learned Special Mobile Magistrate (Sub-Judge), Udhampur under Sections 138 of Negotiable Instrument Act along with order dated 24.01.2025 passed by the trial Magistrate while taking cognizance on the complaint. 2. Heard learned counsel for the parties and considered their rival submissions. Perused the petition in hand and the copies of documents enclosed with the same. 3. The issues raised by the petitioner/accused in this petition cannot be adjudicated in these proceedings. The said issues can be taken up by the petitioner/accused by way of defence in the pending complaint before the trial Magistrate. It is needless to mention that trial Magistrate is supposed to try the complaint pending before him as per Serial No. 02 2 CRM(M) No. 270/2025 the procedure laid down in the BNSS for trial of summons nature cases. 4. On the appearance of the petitioner/accused before the learned trial Magistrate in response to the cognizance notice having been issued as per the impugned order dated 24.01.2025, the particulars of the accusation in the complaint against the petitioner shall be read over to him and he shall be asked as to whether he has any cause to show why he cannot be convicted for the alleged commission of the offence under Section 138 of Negotiable Instrument Act. The petitioner/accused has to make his reply to the Court and in case of his pleading not guilty, the complainant shall be asked to lead his evidence with right to cross-examine his witnesses by the petitioner/accused. The petitioner/accused after the completion of the complainant’s evidence, has his own turn to lead evidence in his defence-direct as well as documentary. 5. Thus, the issues raised by the petitioner/accused in the instant petition can be adjudicated by the learned trial Magistrate on the proceedings of the complaint. 6. Therefore, no ground appears to be made out for quashment of the complaint of the respondent as well as of the cognizance order dated 24.01.2025. The instant petition is, as such, dismissed as meritless. However, trial Magistrate shall consider the exemption of the petitioner/accused, who is reported to be a senior citizen of the age of about 70 years, from personal appearance during the proceedings of 3 CRM(M) No. 270/2025 the complaint, upon a formal motion, except for the hearings on which his personal appearance is unavoidable. 7. Disposed of. (MOHD. YOUSUF WANI) JUDGE Jammu 01.07.2025 Vishal Sharma