Jammu & Kashmir High Court - Srinagar Bench
Javaid Ahmad Dar vs Gull Mohammad Kasab on 19 December, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
96
Supplementary
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 802/2025
CrlM(2030/2025)
JAVAID AHMAD DAR ..... Petitioner (s)
Through: Mr. Manzoor Ahmad Ganai, Adv
V/s
GULL MOHAMMAD KASAB ..... Respondent(s)
Through:
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge
ORDER
19.12.2025 The petitioner has challenged proceedings in the complaint filed by the respondent against him for offence under Section 138 of Negotiable Instruments Act.
Learned counsel for the petitioner has submitted that on 23.10.2025, the petitioner was brought handcuffed before the learned trial Magistrate and was made to pay an amount of Rs. 40,000/- to respondent/complainant with an undertaking to pay balance amount of Rs. 2.80/- lacs in three installments within a period of three months. It has been submitted that the fact that the petitioner was in custody at the relevant time, goes on to show that he has been coerced to make aforesaid undertaking as well as to make payment of Rs. 40,000/- to the respondent. On this basis, it has been submitted that the procedure adopted by the learned trial Magistrate is not in accordance with law.
Issue notice to the respondent subject to taking of necessary steps by the petitioner within one week.
In the meantime, the proceedings in the impugned complaint pending before the learned trial Magistrate shall remain stayed.
Xerox copy of the trial court record be summoned. List on 03.03.2026.
(Sanjay Dhar) Judge SRINAGAR 19.12.2025 Aasif