Serial No.117 Supp.Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 518/2025 CrlM(1243/2025) AKHTER HUSSAIN MIR … Petitioner(s) Through: Mr. Vaseem Aslam, Advocate Vs. GHULAM RASOOL PARRAY ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 29.08.2025 1. In the instant petition the petitioner herein has invoked inherent power of this Court enshrined in section 528 BNSS and has called in question order dated 16.06.2023, in terms whereof the Judicial Magistrate 1st Class, Pattan has taken cognizance of the offence under section 138 of Negotiable Instruments Act, 1881 and summoned the accused/petitioner herein in the complaint filed by the complainant/respondent herein qua the bouncing of cheque bearing No. 054314 dated 20.03.2023. 2. Record would reveal that the accused/petitioner herein while maintaining the instant petition has challenged the impugned order on the premise that neither the complaint nor the demand notice issued by the complainant/respondent herein disclose any legally enforceable debt or any financial transaction between the accused/petitioner and the complainant, as according to complainant’s own son’s admission the transaction related to the payment of bribe given to the accused/petitioner herein for securing an employment for the son of the complainant/respondent herein. 3. Having regard to the aforesaid factual pleas urged by the petitioner in the instant petition, while throwing challenge to the impugned order, this Court is of the considered opinion that no finding in regard to the said factual aspect could be expressed or recorded by this Court in exercise of inherent power moreso in presence of the pendency of the complaint before the Magistrate for trial. 4. Viewed thus, the petition is found grossly misconceived and is accordingly dismissed. (JAVED IQBAL WANI) JUDGE SRINAGAR: 29.08.2025 “S.Nuzhat”