S. No. 113 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 468/2025 CrlM(1128/2025) BUPINDER SINGH …Petitioner/Appellant(s) Through: Mr. Mohd Yawar, Advocate. Vs. M/S AL AZEEM MOTORS AND MACHINERY STORE ...Respondent(s) Through: Mr. Faizan Majid Ganie, Advocate. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 12.08.2025 1. In the instant petition, petitioner has challenged order dated 03.06.2023 in terms whereof the court of Special Mobile Magistrate, Anantnag, has taken cognizance inasmuch as issued process against the accused/petitioner herein in the complaint filed by the complainant respondent herein. 2. The impugned order is being challenged on the premise that the petitioner herein was never served with the copy of complaint by the court below and that he had no knowledge about the same till 14.07.2025 when the petitioner herein received a call from the Police Station of the area in this regard and despite being suffering from a disability, yet approached the court below and applied for issuance of a certified copy of the impugned order which came to be furnished to him on 21.07.2025, perusal whereof revealed that the offences, even if taken at face value did not disclose the commission of an offence under Section 418 IPC and that the element of dishonest intention being a pre-requisite for commission of offence in question is completely absent and that the continuation of criminal proceedings in question would tantamount to the abuse of process of law. Heard counsel for the petitioner and perused the record. 3. Perusal of the record in general available on the file and the impugned order in particular would manifestly reveal that the court below in terms of the impugned order has not only considered the statements made by the complainant but also a report of enquiry held by the police thereof and seemingly has derived satisfaction and concluded prima facie commission of offence in question by the accused petitioner herein. The order ex-facie has been passed validly by the court below in tune with the parameters set-out by the Apex Court in this regard in series of judgements. 4. Resultantly, the petition fails as impugned order does not call for any interference. Dismissed. (JAVED IQBAL WANI) JUDGE SRINAGAR 12.08.2025 Ishaq