Extracted from the PDF above. The PDF is authoritative.
Serial No. 176 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 136/2026 CrlM(321/2026) TAJAMUL HUSSAIN …Appellant(s)/Petitioner(s) Through: Mr. Abrar H. Khan, Advocate Vs.
RASIKH TAHIR RAINA
...Respondent(s) Through: None
CORAM:
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER 25.03.2026
1. By this petition, petitioner herein has invoked jurisdiction of this Court under Section 528 of BNSS, 2023, thereby challenging order dated 15.05.2024, passed by learned City Magistrate, Srinagar, in case titled <Rasikh Tahir Raina Vs. Tajamul Hussain=.
2. It is stated by learned counsel for the petitioner that the petitioner was
directed to deposit an amount of Rs. 6.00 Lakhs, before the Court of City Magistrate, Srinagar, however the same has not been accepted either by the Trial Court or by the complainant.
3. Petitioner has filed the instant petition to challenge order passed by the learned City Magistrate, Srinagar two years earlier i.e., 15.05.2024.
4. A perusal of the impugned order reveals that the learned City Magistrate, Srinagar, has taken cognizance of the complaint filed before it by the respondent for issuance of process against the petitioner herein under Section 138 of the N.I. Act. There is no document on record which may suggest that the amount sought to be deposited by the petitioner has actually been refused by the Trial Court or by the complainant, as stated by the learned counsel for the petitioner. The present petition has been filed solely on the premise that the petitioner is ready to deposit the amount claimed by the complainant before the Trial Court, but the same is not being accepted by the Trial Court.
5. Since the only ground pressed into service by the petitioner to file the instant petition is that the amount in dispute is not being accepted by the respondent and the Trial Court, though the petitioner is ready to deposit the same, therefore, the present petition is disposed of by affording liberty
to the petitioner to deposit the amount in dispute before the learned City Magistrate, Srinagar, within a period of two weeks. The learned City Magistrate, Srinagar shall thereafter consider the matter.
6. Disposed of, along with connected CrlM.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR: 25.03.2026 <Adil Ismail=