Serial No. 160 Suppl Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM 1229/2025 in CRM(M) 513/2025 CrlM 1227/2025 CrlM 1228/2025 Hilal Hussain War …Petitioner(s)/Appellant(s). Through: Mohammad Yawar Hussain, Advocate. Vs. Ghulam Nabi Ganaie. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 29.08.2025 1. Heard. 2. Through the medium of the instant petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the ‘BNSS’ for short), the petitioner has sought the quashment of the complaint filed by the respondent against him titled “Ghulam Nabi Ganaie vs. Hilal Hussain War and Anr”, bearing file No. 41 of 2025 under Section 138 of Negotiable Instruments Act along with the cognizance order dated 04.01.2025 passed thereon. 3. The case of the petitioner in nutshell is that a demand notice dated 04.12.2024, dispatched on 09.12.2024 which is of great essence in a complaint to be filed under the provisions of Section 138 of NI Act is based on false and non-factual grounds referring to transactions which did not take place. That the complainant/respondent even did not mention the cheque amount in his demand notice and has only relied upon the transactions of so many years which are alleged to have taken place between him and his cousin. 4. The learned counsel for the petitioner during his arguments, regarding the admissibility of the petition, inter alia, contended that no pre- cognizance hearing, as mandated under the provisions of Section 223 of BNSS has been afforded to the petitioner. 5. In the facts and circumstances of the case, this Court is of the opinion that petition can be disposed of at this threshold stage by passing of such appropriate orders which are not likely to prejudice the rights and interests of the other side. 6. Accordingly, the instant petition is admitted to hearing and is disposed of at this threshold stage with the direction to the learned Trial Magistrate to revisit the impugned cognizance order dated 04.01.2025 by invoking his powers under the provisions of Section 403 of BNSS, after affording an opportunity of being heard to the present petitioner in tune with the provisions of Section 223 of BNSS and to proceed in the matter strictly in accordance with the law. 7. Disposed of. 8. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 29.08.2025 “Shahid Manzoor”