Extracted from the PDF above. The PDF is authoritative.
S. No. 21 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) No. 355/2025 CrlM No. 845/2025
Muneer Yousuf Bhat …Appellant/Petitioner(s) Through: Mr. Fayaz Ahmad Lone, Advocate Vs. Manzoor Ahmad Shah ...Respondent(s) Through:
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 30.06.2025
1. Petitioner seeks a direction upon Sub-Judge (Small Cause), Srinagar (for short “the Trial Court”) to adjudicate and pass a formal order on the application moved by him under Section 147 of the Negotiable Instruments Act, 1881, for compounding the offence under Section 138 in light of compromise recorded by the Court on 14.03.2024 prior to issuance of any warrant for recovery of money.
2. It is submitted by learned counsel for the petitioner that the parties had entered into compromise recorded on 14.03.2024, whereby both the parties had agreed to pay Rs.64.00 lacs against the total cheque amount of Rs.82.00 lacs. It is also mentioned in the compromise deed that petitioner has already paid Rs.23.50 lacs to respondent in the Court and assured to pay rest of the amount within three months, failing which an amount of Rs.64.00 lacs would raise to further higher amount. He further submits that petitioner has made application before the Trial Court for compounding the offence under Section 138 of Negotiable Instruments Act, as he has paid rest of the amount to respondent in terms of compromise deed.
3.
Learned counsel for the petitioners submits that petitioner would feel satisfied if the Trial Court is directed to consider and decide his application filed under Section 147 of N.I. Act, expeditiously.
4. Having regard to the submissions made by learned counsel for the petitioner, this petition is disposed of with a direction to the Trial Court to consider and decide the petitioner’s application filed under Section 147 of Negotiable Instruments Act, 1881 pending before it, within a period of two weeks from the date copy of this order is served on it. Till such time, the Trial Court shall not take further proceedings in the matter.
5.
Disposed of as above.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 30.06.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 02.07.2025 14:28