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2025 DAILYLAW 8790 (JK)

TARIQ NAZIR SHAH v. GHULAM QADIR WANI

CRM(M)/506/2025 · 2025-08-27

Javed Iqbal Wani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 107 Suppli. list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM/1218/2025 IN CRM(M)/506/2025 Tariq Nazir Shah …Petitioner(s) Through: Mr. Mudasir Bin Hassan, Adv. Vs Ghulam Qadir Wani. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 27.08.2025 1. The petitioner herein has invoked inherent power of this court enshrined under Section 528 of BNSS seeking setting aside of order dated 06-08-2025 in terms whereof the Court of Additional Session Judge Baramulla has subject to the depositing of 20% of the awarded amount within 30 days from the date of passing of that order, ordered suspension of sentence of the petitioner being appellant therein before the said court having preferred an appeal against the conviction and sentence passed by the Court of Judicial Magistrate, Pattan in a complaint filed by the respondent herein under Section 138 of the Negotiable Instruments Act 1881. 2. Having regard to the case set up by the petitioner in the instant petition and facts emerging from the record, inasmuch as the order passed by the appellate court impugned in the instant petition, as also the ambit and scope of the provisions of Section 528 CrPC, this Court is not inclined to display indulgence and to exercise inherent power, which otherwise is to be exercised rarely with due care and caution. 3. Resultantly, the petition fails and is dismissed. (JAVED IQBAL WANI) JUDGE SRINAGAR 27.08.2025 Sarvar