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High Court of Jammu and Kashmir · body

2025 DAILYLAW 7524 (JK)

MOHAMMAD YOUSUF BHAT v. HDFC BANK LIMITED

CRM(M)/269/2025 · 2025-06-02

Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 CRM(M) no.269/2025 HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR … CRM(M) no.269/2025 Mohammad Yousuf Bhat …….Petitioner(s) Through: Mr S.S.Rizvi, Advocate Versus HDFC Bank Limited ………Respondent(s) Through: CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE O R D E R 02.06.2025 1. Petitioner prays for quashing of complaint titled HDFC Bank Limited v. Mohammad Yousuf Bhat, pending before the court of 2nd Additional Munsiff (Judicial Magistrate 1st Class) Srinagar (“Trial Court” for short). 2. Heard and considered. 3. A complaint under Section 138 read with Section 142 of Negotiable Instruments Act has been filed by respondent-bank before the Trial Court. It is stated in the complaint that petitioner herein had availed credit facility of Rs.5.00 Lacs. He failed to regularize/liquidate the loan amount despite repeated reminders and requests. Accused/petitioner is stated to have issued a cheque bearing no.536802 dated 8th June 2023 for discharging liability in favour of respondent-bank, which on presentation was dishonoured. Demand Notice was served upon him but of no avail, so complaint came to be filed by respondent-bank against petitioner before Trial Court. Page 2 CRM(M) no.269/2025 4. All that has been stated by petitioner in the instant petition can very well be urged by him before the Trial Court inasmuch as those contentious averments require full-fledged trial and adjudication. Thus, the instant petition is without any merit and is accordingly dismissed. (Vinod Chatterji Koul) Judge Srinagar 02.06.2025 Ajaz Ahmad, Secy.