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High Court of Jammu and Kashmir · body

2026 DAILYLAW 355 (JK)

ZIA GULZAR v. ABDUL REHMAN BHAT

CRM(M)/113/2026 · 2026-03-10

Rahul Bharti

body2026

Judgment text

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Serial No. 98 SUPPLEMENTARY CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 113/2026 CrlM No. 255/2026 Zia Gulzar …Petitioner(s) Through: Mr. Sajad Gulzar, Advocate Vs. Abdul Rehman Bhat ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 10.03.2026 1. The Court of Additional Special Mobile Magistrate, Pahalgam by virtue of an order dated 24.01.2024 came to take cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 thereby issuing process against the petitioner as an accused against which order the petitioner has taken almost more than two years and two months to come to realization that the cognizance is bad both factually as well as legally. It is too late for the petitioner as an accused to come to this Court invoking inherent powers reserved under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to assail the cognizance taking order of the Court of Additional Special Mobile Magistrate, Pahalgam. 2. Accordingly, the petition is dismissed on account of delay and laches. (RAHUL BHARTI) JUDGE SRINAGAR: 10.03.2026 Shabroz