1 S. No. 62 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 76/2024 c/w CRM(M) No. 77/2024 CRM(M) No. 78/2024 CRM(M) No. 79/2024 Khursheed Ahmad Mir and Anr. …Petitioner(s) Through: Mr. Gulzar Ahmad Bhat, Advocate. Vs. Basharat Feroz Ganie ...Respondent(s) Through: Mr. T. A. Lone, Advocate. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 03.02.2025 (ORAL) 1. The issues involved in the instant petitions are interconnected and analogues to each other and are taken up, as such, for final disposal at this stage with the consent of appearing counsel for the parties. CRM(M) No. 76/2024 2. In the instant petition petitioners have challenged the complaint and proceedings instituted thereon 11.03.2023 by the respondent herein against the petitioner herein bearing File No. 44/138 under Section 138 of the Negotiable Instrument Act, 1881, qua bouncing of cheque bearing No. 490167 dated 25.01.2023 amounting to Rs.2,76,670/ before the court of Chief Judicial Magistrate, Pulwama. CRM(M) No. 77/2024 3. In the instant petition the petitioners herein have challenged compliant filed under Section 138 of the Negotiable Instrument Act 1881 instituted on 11.03.2023 before the Chief Judicial Magistrate, Pulwama, by the respondent herein against the petitioners herein arising out of bouncing of cheque bearing No. 490164 dated 25.12.2022 amounting to Rs.2,76,670/- before the court of Chief Judicial Magistrate Pulwama. CRM(M) No. 78/2024 4. In the instant petition the petitioners herein have challenged complaint bearing No.11/2023 instituted on 02.02.2023 by the respondent herein qua the bouncing cheque bearing No.490167 dated 25.11.2022 2 amounting to Rs.2,76,670/- before the court of Chief Judicial Magistrate Pulwama. CRM(M) No. 79/2024 5. In this petition the petitioners herein have thrown challenge to the execution petition titled as “M/s Ganie Fruit Company Vs. Haseena Khursheed” filed by the respondent herein for enforcement of award dated 17.09.2022 passed by the National Lok Adalat arising out of compliant filed under Section 138 of the Negotiable Instrument Act, 1881, by the respondent herein pertaining to multiple cheques amounting to Rs.8,91,000/- covered under cheque Nos. 216027, 216028, 216029 and 216030 issued by the petitioner 2 herein in favour of respondent 1 herein. Brief Facts: - 6. One M/s Ganie Fruit Company through its proprietor namely Basharat Feroz Ganaie S/o Wali Muhammad Ganaie R/o Wagam Pulwama filed a compliant against the petitioner Haseena Khursheed (petitioner 2 in CRM(M) No. 79/2024) under Section 138 of the Negotiable Instrument Act, 1881 before the court of Chief Judicial Magistrate, Pulwama qua the bouncing of cheques amounting to Rs.8,91,000/- being cheaque Nos. 216027, 216028, 216029 and 216030 amounting to Rs.3,00,000/- 250,000/- 241,000/- and 1,00,000/- respectively. The said complaint on the basis of a compromise arrived at between the parties came to be settled in the National Lok Adalat on 17.09.2022 with the consent of the parties in terms whereof the accused respondent in the said complaint being above named Haseena Khursheed agreed to pay an amount of Rs.8,30,000/- to the complainant M/s Ganie Fruit Company in three installments for an amount of Rs.2,76,670/- each and in furtherance thereof issued three cheques being cheque Nos.490163 dated 25.11.2022, 490164 dated 25.12.2022 and 490165 dated 25.01.2023 for an amount of Rs.2,76,670/- each pertaining to the account of her husband namely Khursheed Ahmad Mir being petitioner herein. The said cheques got bounced and consequently after making a demand for payment of the same and upon failure to pay the same, complaints under and in terms of the provisions of the Act of 1881 against the said Khursheed 3 Ahmad Mir, came to be filed by the complainant before the court of Chief Judicial Magistrate, Pulwama whereupon the said court in terms of order dated 11.03.2023 took cognizance of offence and summoned the accused which complaints along with proceedings initiated thereon are challenged fundamentally on the grounds that the amount claimed by the complaint respondent herein qua the cheques in question have had been earlier rejected in a complaint filed by the respondents herein before the Chief Judicial Magistrate Pulwama in terms of order dated 10.06.2022 while holding that the cheques in respect of which the complaint has been filed have been presented before the bank beyond the period of validity of three months and as such, in respect of the same cheques qua the said claimed amount the respondent herein could not have filed the impugned complaints and consequently the trial court ought not to have either entertained the complaints or else taken cognizance thereof in terms of the impugned orders. 7. 7. Insofar as CRM(M) No.79/2024 is concerned, as has been noticed in the preceding paras, the petitioners herein have challenged the execution petition filed by the respondent herein for execution of the award of National Lok Adalat dated 17.09.2022 passed in case titled as “M/s Ghanai Fruit Company Vs. Haseena Khursheed” against the petitioners herein qua the bouncing of three cheaques referred in the preceding paras. The challenge is thrown in the instant petition as well on the aforesaid same and similar grounds on which the aforesaid connected petitions have been maintained. Heard counsel for the parties and perused the record. 8. Perusal of the record would reveal that, undoubtedly, a complaint titled as “Ganai Fruit Company Vs. Khursheed Ahmad Mir’’ bearing File No.CR 49/2022, stands dismissed by the court of Sub Judge/Special Mobile Magistrate Pulwama in terms of order dated 10.06.2022 supra. 9. Record further reveals that the award of the National Lok Adalat stands passed in the complaint titled as “M/s. Ganai Fruit Company Vs. Haseena Khurshid” being File No.48/2022 under which award dated 17.09.2022 the petitioner 2 herein agreed to pay an amount of 4 Rs.8,30,000/- in three installments to the complainant respondent herein on 25.11.2022, 15.12.2022 and 25.01.2023 and in furtherance thereof had issued three cheques to the complainant respondent herein which cheques subsequently became subject matter of the complaints filed by the respondent herein against the petitioners herein which complaints and proceedings initiated thereof has been thrown challenged to by the petitioner herein in the instant petition. 10. Record manifestly reveals that the dismissal of the complaint bearing No.CR/49/2017 has admittedly no connection whatsoever with the matter decided by the National Lok Adalat being file No.48/2022 or else with the complaints filed by the respondent herein against the petitioners herein whereunder the instant petitions have arisen, in that, the said complaints have been filed by the complainant respondent herein against the petitioners herein qua the aforesaid three cheques issued upon passing of award by the National Lok Adalat and were never ever subject matter of the case No.CR 49/2017 supra. 11. Thus, the petitioners seemingly have not only misrepresented the facts before this Court while invoking the inherent power of this Court, but have also concealed and suppressed the true correct and material facts. 12. Under these circumstances this Court is not inclined to exercise the inherent power vested in this court and scuttle the prosecution launched against the petitioners herein at the initial stage which power otherwise also being extraordinary in nature has to be exercised with great care and circumspection as has been held by the Hon’ble Apex Court in series of judgements including in case titled as “Priti Saraf and Anr. Vs. State of NCT of Delhi and Anr.” reported in 2021 SCC Online SC 206”. 13. For what has been observed, considered and analysed hereinabove the instant petitions are liable to be dismissed and are accordingly dismissed. (JAVED IQBAL WANI) JUDGE SRINAGAR 03.02.2025 Ishaq Whether the order is speaking? Yes/No Whether approved for reporting ? Yes/No