This petition sought an order directing the Judicial Magistrate in Kulgam to dispose swiftly a complaint filed under Section 138 Negotiable Instrument Act in 2016. The High Court directed disposal within one month and disposed the petition.
Judicial Magistrate, Kulgam directed to decide the complaint within one month of receiving a copy of this order.
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Serial No. 66 Before Notice.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM (M) No. 253/2022
Ghulam Rasool Lone ( Sr. Citizen)
…Petitioner(s)
Through: Mr. M. Ashraf Bhat, Advocate.
VERSUS
Fayaz Ahmad Dar.
…Respondent(s)
Through: None.
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER
01.11.2022.
The petitioner through the medium of instant petition, is seeking a direction upon the Judicial Magistrate 1st Class ( Munsiff ), Kulgam, regarding speedy disposal of his complaint filed against the respondents alleging commission of offence under Section 138 of Negotiable Instrument Act.
It is submitted that the petitioner has filed the subject complaint before the learned Magistrate way back in May, 2016, and despite the evidence of the parties having been completed, the same has not been disposed of by the learned Magistrate in a speedy manner.
Having regard to the nature of the relief sought by the petitioner in the instant petition, the same can be disposed of at its threshold by passing an appropriate direction to the learned Magistrate.
Accordingly, learned Judicial Magistrate 1st Class ( Munsiff ), Kulgam, is directed to decide the subject complaint titled “ Ghulam Rasool Lone Vs. Fayaz Ahmad Dar”, (for offence under Section 138 of Negotiable Instrument Act),
expeditiously, preferably within a period of one month from the date a copy of
this order is served upon the learned Magistrate.
The instant petition is disposed of.
(Sanjay Dhar) Judge
SRINAGAR 01.11.2022 Showkat
1 issue framed by the court
Whether a direction should be issued to the Judicial Magistrate for speedy disposal of a cheque dishonour complaint.
1 provisions across 1 enactments
Ghulam Rasool Lone
Fayaz Ahmad Dar
Sanjay Dhar
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
