Serial No. 91 Supp. List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) 173/2024 CrlM/437/2024 SAJAD AHMAD GANIE …Appellant(s)/Petitioner(s) Through: Mr. Shiekh Manzoor, Advocate. Vs. NASEER AHMAD SHEIKH ...Respondent(s) Through: Mr. Aijaz Ahmad Chesti, Advocate. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 27.03.2025 1. A criminal complaint came to be filed by the respondent against the petitioner under section 138 of the Negotiable Instruments Act, 1881 with respect to dishonoring of three cheques i.e., cheque Nos. 231408, 231409 and 231410 aggregated to an amount of Rs. 14 lakhs. 2. The complaint led to a settlement of the matter before the Lok Adalat and the court of Additional Special Mobile Magistrate, Kralpora, Kupwara came to dispose of the complaint as compromised and making the compromise as part of the adjudication of the complaint by passing an order dated 22.08.2023. 3. The tone and tenor of order dated 22.08.2023 of the court of Additional Special Mobile Magistrate, Kralpora Kupwara is that the petitioner obliged himself to pay the amount of Rs. 14 lakhs in an agreed period of time which came to expire on 20.10.2023 but no payment whatsoever, be it in part or full, came to be paid by the respondent which has resulted in some execution proceedings initiated by the respondent against the petitioner in order to frustrate which the petitioner came forward with the present petition filled on 08.04.2024 seeking inherent jurisdiction of this court under section 482 CrPC whereby the petitioner intends to take a U-turn by talking upon the very merits and demerits of the complaint under section 138 of the Negotiable Instruments Act filed by the respondent. 4. The petitioner, at all relevant point of time when the complaint was pending adjudication against him before the Magistrate below, was entitled to contest the complaint’s claim and earn an acquittal therefrom or to come to the High Court to question the cognizance taking order and the maintainability of the complaint but having not done so and instead having voluntarily entered into a compromise through Lok Adalat and getting the complaint disposed of on that basis, cannot now expect the High Court to reopen the entire matter for his escape, as such, this petition is found to be without merits and the same shall stand dismissed accordingly. 5. Interim direction(s), if any subsisting as on date, shall stand vacated. (RAHUL BHARTI) JUDGE SRINAGAR: 27.03.2025 “shoaib”