Extracted from the PDF above. The PDF is authoritative.
Serial No. 17 Regular List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TrP (Crl) 5/2024 CrlM(300/2024)
RAMESH KUMAR.
…Petitioner(s)/Appellant(s)
Through: Mr. B.S. Bali, Advocate
VERSUS
GHULAM MOHI UD DIN PARRAY.
…Respondent(s)
Through: None.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE.
ORDER 27.08.2025
1. In the instant petition, transfer of complaint titled as “Ghulam Mohi-ud-din v. Ramesh Kumar” pending before the Court of Judicial Magistrate, Baramulla, filed by the respondent herein against the petitioner herein under and in terms of the provisions of the Negotiable Instrument Act, 1881, is being sought on the grounds that there are as many as eight similar cases filed against the petitioner herein in various Courts at Srinagar Courts, wherein the petitioner has been able to contest the same and that the petitioner on account of his old age and ailing health is not able to appear before the Court at Baramulla and contest the
complaint and would thus pray for transfer of the complaint to any Court of Competent Jurisdiction in Srinagar. Heard counsel for the petitioner and perused the record.
2. The complainant/respondent herein despite having been served has chosen not to appear and contest the present petition.
3. Having regard to the case setup by the petitioner in the instant petition coupled with the submissions made by the counsel for the petitioner, it is deemed appropriate and in the interest of justice to withdraw the complaint in question from the Court of Judicial Magistrate, Baramulla, and to transfer it to a Court of Competent Jurisdiction at Srinagar.
4. Accordingly, the complaint is withdrawn from the files of the Judicial Magistrate Baramulla and is transferred to Chief Judicial Magistrate, Srinagar, who shall either try the same himself or else assign its trial to any other Court of competent jurisdiction. However, before proceeding further in the complaint, notice shall be issued to the complainant/respondent herein.
5. The Judicial Magistrate, Baramulla, shall transfer/transmit the record of the complaint in question to the Court of Chief Judicial Magistrate Srinagar, without any delay.
6. The parties to appear before Chief Judicial Magistrate, Srinagar, on 22.09.2025.
7. Disposed of.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR 27.08.2025 Sabreena Rahim