Serial No. 13 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 500/2025 CrlM (1202/2025) Javid Ahmad Gojree …Petitioners/Appellants Through: Mr. Yasir Nabi, Advocate. Vs. Aijaz Ahmad Dar and Anr ...Respondents Through: CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE. ORDER 25.08.2025 1. While maintaining the instant petition under Section 528 of BNSS, the petitioner herein seeks quashing of execution proceedings initiated against him by the Chief Judicial Magistrate, Bandipora, qua the settlement dated 23.10.2024 arrived at between the petitioner herein and the respondent herein in respect of a complaint filed by the respondent herein against the petitioner herein under and in terms of Section 138 of the Negotiable Instruments Act, 1881, in terms of which settlement, the petitioner herein, being accused therein the complaint, had undertaken to pay to the complainant-respondent herein a total amount of Rs. 4.60 lacs while agreeing to pay Rs. 60,000/- in the first instance on 05.12.2024 and thereafter Rs. 50,000/- monthly. 2. Upon failure of the accused-petitioner herein to adhere to the said settlement and to pay the agreed amount to the complainant-respondent herein, an execution petition for execution of the said settlement came to be filed by the complainant-respondent herein against the accused-petitioner before Chief Judicial Magistrate, Bandipora, wherein a series of orders came to be passed and the last one on 19th July, 2025, directing the issuance of warrant of arrest against the accused-petitioner while forfeiting the bail bonds earlier executed by the accused-petitioner, thereof aggrieved whereof the petitioner herein has maintained the instant petition and called in question the said execution proceedings initiated against him. Heard counsel for the petitioner and perused the record. 3. Perusal of the record of the petition in particular tends to show that the petitioner has in essence challenged the claim lodged by the complainant- respondent herein in the complaint against the accused-petitioner qua the cheque in respect of which the complaint have had been filed while in disguise challenging the execution proceedings. It also gets revealed from the record that the accused-petitioner herein has not denied or disputed the settlement having been arrived at between the parties before the Magistrate as also the disposal of the said complaint on the basis of the said settlement, however, the petitioner herein seemingly has yet again joined the issue of liability to pay the said amount covered by the cheque to the complainant-respondent herein which the petitioner herein, in law, cannot urge or raise now against the execution proceedings initiated by the complainant-respondent in the execution proceedings, which are impugned in the instant petition. 4. 4. Having regard to the aforesaid position obtaining in the matter in as much as the ambit and scope of the inherent power vested in this Court under Section 528 of BNSS, this Court is not inclined to exercise the same. 5. Resultantly, the petition fails and is dismissed. 6. (JAVED IQBAL WANI) JUDGE SRINAGAR: 25.08.2025 “Shahid Manzoor”