S.No.02 Supp List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 40/2025 CrlM No. 65/2025 CrlM No. 64/2025 Minali Raj Pandey. …Petitioner(s)/Appellant(s) Through: Mr. Farhan Amin Vaida, Advcocate. Vs. Shadad Khan. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 17-01-2025 CrlM No. 63/2025 1. For the reasons mentioned in the application, coupled with submissions made at Bar, same is allowed and the petitioner/applicant is exempted from placing on record the certified copy of the complaint. 2. CrlM No. 63/2025, is disposed of. 3. Short grievance of the petitioner as projected through the medium of instant petition is that the learned trial Magistrate, i.e, Judge Small Causes, Srinagar while passing cognizance order dated 29.05.2024 on the complaint of the respondent filed under the provisions of Section 138 of N.I. Act, impugned in this petition, did not comply with the mandatory provisions of the Code of Criminal Procedure, 1973. 4. In this backdrop, this Court is of the opinion that the matter can be disposed of at its threshold by passing appropriate orders. 5. Accordingly, the instant petition is disposed of at its threshold stage with a direction to the learned trial Magistrate to revisit impugned cognizance order dated 29.05.2024, after providing an opportunity of being heard to both sides, preferably within two next hearings of the case. 6. Learned counsel for the petitioner during the course of arguments submitted that the personal appearance of the petitioner be dispensed with as the petitioner is the resident of Mumbi. In view of the submission made, it is directed that the learned trial Magistrate shall not insist for the personal appearance of the petitioner until reconsideration of the impugned cognizance order dated 29.05.2024. 7. Disposed of along with connected CM(S). ; (MOHD YOUSUF WANI) JUDGE SRINAGAR: 17-01-2025 Abdul Rashid