S. No. 73 Supplementary-1 List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 498/2025 CrlM 1198/2025 NASEER AHMAD SHAH. …Petitioner/Appellant(s) Through: Mr. Raja Rameez, Advocate. Vs. RAFIQ AHMAD DAR. ...Respondent(s) Through: None CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 22.08.2025 1. The petitioner herein has maintained the instant petition under Section 528 BNSS against order dated 07.04.2021 passed in complaint titled as “Rafiq Ahmad Dar vs. Naseer Ahmad Shah”, pending before the Court of Sub-Judge/Special Mobile Magistrate, Pulwama. 2. Record reveals that the respondent herein instituted a complaint under Section 138 of the Negotiable Instruments Act 1881, against the accused/petitioner herein in connection with the dishonour of a cheque claimed to have been issued by the accused/petitioner in favour of the complainant/respondent in discharge of a debt after the said cheque had got bounced upon its presentation before the bank for encashment. 3. Record further reveals that on the date of presentation of the cheque, i.e., 07th April 2021, the Magistrate after entertaining the same and considering the contents of the complaint, record annexed thereto as also the statement of the complainant/respondent herein as well as one of his witnesses opined that an offence stands committed by the accused/petitioner under the Act of 1881 and while taking cognizance, thus summoned the accused/petitioner. 4. It is manifest from the impugned order that the same has been passed on 7th April 2021 and after a considerable period of time of more than four years, the accused/petitioner herein has thrown challenge to the same on the grounds which were available to the accused/petitioner immediately upon the passing of the said order. Even otherwise also, perusal of the impugned order would reveal that the same has been passed by the Magistrate validly and legally. 5. Under these circumstances, the petition is bound to fail as being misconceived and an attempt to abuse the process of law, as such, is dismissed. 6. Registry to send down a copy of this order to the court below. (JAVED IQBAL WANI) JUDGE SRINAGAR 22.08.2025 Sabreena