Extracted from the PDF above. The PDF is authoritative.
Item No.127 Suppl List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No.288/2025 CrlM No.672/2025 GHULAM HASSAN DAR
…PETITIONER(S) Through: Mr. M. Lone Altaf, Advocate. Vs.
NAZIR AHMAD SHAH …RESPONDENT(S)
Through:
CORAM:HON’BLE MR. JUSTICE SANJAY DHAR,JUDGE
ORDER(ORAL) 02.06.2025
1. Through the medium of present petition, the petitioner has challenged the proceedings initiated by the learned Chief Judicial Magistrate, Shopian, in connection with execution of compromise deed dated 14.10.2023, whereby the parties had agreed to settle the proceedings initiated by respondent against the petitioner under Section 138 of the Negotiable Instruments Act.
2. It is the contention of learned counsel for the petitioner that in terms of the compromise arrived at between the parties, the respondent/complainant had agreed to withdraw the complaint against the petitioner and, accordingly, the learned Magistrate permitted the respondent to withdraw the complaint and dismissed the same while
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recording the compromise between the parties. On this ground, it has been contended that the execution proceedings initiated by the respondent against the petitioner are not maintainable.
3. Issue notice to the respondent subject to the petitioner taking requisite steps within a week’s time.
4. In the meanwhile, impugned order dated 14.05.2025 and the proceedings emanating from the execution petition filed by the respondent against the petitioner shall stay.
5. Be listed on 14th July, 2025.
(Sanjay Dhar)
Judge Srinagar 02.06.2025
“Bhat Altaf-Secy” Whether the order is reportable: Yes/No