Extracted from the PDF above. The PDF is authoritative.
13 Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM (M) No. 26/2025 CrlM No. 628/2025 Bilal Hassan Anim
….. Petitioner (s) Through: Mr. Zahid Hussain Dar, Adv. V/s Shafeeq Ahamd Mir
….. Respondent(s)
Through: Mr. Danish Majeed Dar, Adv.
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 26.05.2025
The petitioner, through the medium of present petition, is seeking quashment of complaint filed by the respondent against him for offence under Section 138 of the Negotiable Instruments Act.
The ground urged by the petitioner for impugning the complaint is that as per evidence recorded, the learned trial court, no offence is made out against the petitioner.
Heard and considered.
A perusal of the record would reveal that evidence of the complainant is complete and even statement of the petitioner/accused under Section 313 of Cr.PC stands already recorded. The petitioner wants this Court to appreciate the evidence led by the complainant before the trial court during the trial of the case and to quash the complaint.
I am afraid, this Court in exercise of its powers under Section 482 of Cr.PC cannot undertake the exercise of appreciating the evidence led during the trial of the case. The filing of this petition at this stage by the petitioner is nothing but abuse of process of law. The petitioner is well advised to approach the trial court and seek early disposal of the complaint which is ripe for final hearing now. The petition lacks merit and is accordingly dismissed. (Sanjay Dhar)
Judge
SRINAGAR 26.05.2025 Aasif