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2025 DAILYLAW 7866 (JK)

RIYAZ AHMAD AZAD v. ABDUL RASHID SHEIKH

CRM(M)/358/2025 · 2025-07-07

Vinod Chatterji Koul

body2025

Judgment text

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S. No. 92 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 850/2025 In CRM(M) No. 358/2025 Riyaz Ahmad Azad …Appellant/Petitioner(s) Through: Mr. Aijaz Ahmad Bhat, Advocate Vs. Abdul Rashid Sheikh ...Respondent(s) Through: Mr. T.A. Lone, Advocate with Ms. Sabiya Hilal, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 07.07.2025 After hearing both the parties, learned counsel for the petitioner has made a request that though as per the provisions contained in Section 148, Negotiable Instrument Act, Appellate Court can make an order to deposit an amount which shall be a minimum of 20% of fine awarded by the Trial Court during pendency of the appeal, yet the Appellate Court has in terms of impugned order directed to deposit 25%. Learned counsel for petitioner submits that he is ready to pay an amount to the extent of 20% of the fine awarded by the Trial Court. He further submits that the condition in the order dated 31.05.2025 whereby he has been directed to deposit 25% of the award amount may be reduced to the minimum as provided under Section 148, Negotiable Instruments Act, because it would not be possible for him to deposit 25% of the award amount. Learned counsel for the respondent submits that he has no objection to that extent, therefore, learned counsel for the parties submit that this petition can be disposed of by modifying the condition in order dated 31.05.2025 that the appellant shall deposit 20% of awarded amount in all the three appeals. Therefore, in view of the submissions made this petition shall stand disposed of on the above lines. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 07.07.2025 Shabroz