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2026 DAILYLAW 221 (JK)

MOHAMMAD HALEEM KHAN v. QAISER NIZAMI

CRM(M)/109/2026 · 2026-03-10

Moksha Khajuria Kazmi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 134 Supplementary List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 109/2026 Mohammad Haleem Khan ….. Appellant/petitioner(s) Through: - Mr. S. N. Ratanpuri, Advocate V/S Qaiser Nizami ….. Respondent(s) Through: - Mr. Mir Umar, Advocate CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 10.03.2026 01. By this petition filed under Section 528 BNSS, petitioner has challenged the order dated 27.12.2025, passed by the Court of Judicial Magistrate 1st Class, Pattan in case titled Qaiser Nizami Vs. Mohd Haleem Khan bearing File No. 09/N.I. Act. 02. It is stated by learned counsel for the petitioner that learned Judicial Magistrate, Pattan has invoked his jurisdiction in the matter, in disregard of Section 142 (2) of N. I. Act. 03. Confronted with the above situated, the learned counsel for the respondent submits that he may be allowed to withdraw his complaint along with original cheques, submitted before the Court of Judicial Magistrate 1st Class, Pattan, thereby allowing him to approach the appropriate forum at Srinagar. 04. In view of statement made by learned counsel for the respondent, the impugned complaint titled as Qaiser Nizami Vs. Mohd Haleem Khan Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document bearing File No. 09/N.I Act, filed under Section 138 NI Act is quashed with a direction to respondent to approach the appropriate forum at Srinagar. The cheques submitted by the respondent before the learned Magistrate, shall be handed over to the complainant for its presentation before the Court having jurisdiction. 05. Registry to send a copy of this order to learned Judicial Magistrate, Pattan for compliance. 06. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 10.03.2026 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document