S. No. 61 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 481/2023 Manzoor Ahmad Khan …Appellant/Petitioner(s) Through: None Vs. Javaid Ahmad Malik ...Respondent(s) Through: Mr. M. Y. Bhat, Sr. Advocate with Ms. Urba Naseer, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 19.05.2025 1. Petitioner is aggrieved of an order dated 08.05.2023 passed by the Chief Judicial Magistrate, Handwara (for short “Trial Court”) whereby the Trial Court without assigning any reason has directed accused- petitioner to pay 20% of cheque amount to the complainant. The only reason given by the Trial Court is that the accused had totally denied the allegation to the complaint which cannot be the ground to ask the accused-petitioner to pay 20% of cheque amount. 2. A Coordinate Bench of this Court vide order dated 13.09.2023 stayed the operation of impugned order dated 08.05.2023 passed by Trial Court. 3. The Trial Court, due to staying the operation of order impugned, could not proceed in the matter. 4. The petitioner after obtaining the stay was neither present on the last date of hearing nor is present today. 5. Since the only grievance of the petitioner is that he has been directed to pay 20% of cheque amount, therefore, he has filed this petition challenging the order impugned. 6. Perusal of impugned order reveals that no sufficient reason has been given by Trial Court while passing order by directing the petitioner to pay 20% of cheque amount, therefore, the order impugned does not sustain and the same is, accordingly, set aside with a direction to the Trial Court to proceed with the case without asking the petitioner to deposit the 20% of cheque amount. The Trial Court shall proceed with the matter without giving any unnecessarily adjournment and decide the matter preferably within a period of four weeks. 7. The respondent, who is present in the Court, shall make himself available before the Trial Court on 27.05.2025. 8. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 19.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 21.05.2025 17:34