09 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 67/2025 CrlM No. 130/2025 Umar Shabir Tantray ….. Petitioner (s) Through: Mr. Umar Mir, Adv. V/s Joginder Singh ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge. ORDER 17.02.2025 1. The petitioner has challenged complaint filed by the respondent against him under Section 138 of Negotiable Instruments Act which is stated to be pending before the court of Judicial Magistrate 1st Class (City Magistrate) Srinagar 2. It is contended by the learned counsel for the petitioner that the petitioner after the issuance of the cheques which are subject matter of the impugned complaint has paid an amount of Rs. 50,000/- for discharging his liability. In this regard, reliance has been placed by the learned counsel for the petitioner on pay in slip issued by the Jammu and Kashmir P a g e | 2 CRM (M) No. 67/2025 CrlM No. 130/2025 Bank Limited, Natipora. According to the learned counsel, once the petitioner has made a part payment towards the liability under cheque amount, it was not incumbent upon the respondent to get the cheque which is subject matter of the impugned complaint endorsed in terms of Section 56 of Negotiable Instruments Act and in the instant case, the complainant having failed to do so, the complaint against the petitioner is not maintainable. 3. So far as the pay in slip placed on record by the petitioner is concerned, the same is not part of the impugned complaint and as such, not an admitted document. The question whether the petitioner has made part payment of Rs. 50,000/- towards the liability under cheque in question as also the question whether in fact said amount has been paid by the petitioner to the respondent is a matter of trial. The same cannot be gone into by this Court in these proceedings. 4. In view of the above, the petition is dismissed with liberty to the petitioner to raise the aforesaid defence before the trial court at an appropriate stage and if and when such defence is taken by the petitioner before the trial court, the same shall be P a g e | 3 CRM (M) No. 67/2025 CrlM No. 130/2025 dealt with by the learned trial Magistrate in accordance with law. 5. The Registry shall return the original pay in slip (Annexure-II) to the petitioner or his counsel after retaining photocopy thereof. (Sanjay Dhar) Judge SRINAGAR 17.02.2025 Aasif Whether the order is speaking Yes/No Whether the order is reportable Yes/ No