HILAL AHMAD TANTRAY v. MOHAMMAD JABAR SHAH
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE M.A. CHOWDHARY
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-04-15. HILAL AHMAD TANTRAY v. MOHAMMAD JABAR SHAH. Read the judgment and case details on LawSphereX.
Judgment text
Serial No. 195 Supplementary-1 Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 439/2024 in CRM (M) No. 175/2024 CrlM No. 440/2024 Hilal Ahmad Tantary … Petitioner(s) Through: - Mr S. N. Ratanpuri, Advocate with Ms Fiza Khursheed, Advocate. V/s Mohammad Jabar Shah … Respondent(s) CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER) 15. 04. 2024 CrlM No. 439/2024: This is an application moved by the Applicant/ Petitioner seeking exemption from filing certified copy of impugned Complaint filed by the Non-Applicant/ Respondent herein. For the reasons stated in the application, coupled with the submissions made at the Bar, the present application is allowed and the Applicant/ Petitioner, for the time being, is exempted from filing the certified copy of the impugned Complaint. He shall, however, do the needful within two weeks from today. CRM (M) No. 175/2024; CrlM No.
440/2024: The Petitioner, through the medium of present Petition filed under Section 482 of the Code of Criminal Procedure (Cr. P. C. ), is seeking quashment of Complaint filed by the Respondent herein under Section 138 of the Negotiable Instruments Act, 1881 titled ‘Mohammad Jabar Shah v. Hilal Ahmad Tantray’, pending before the Court of learned Chief Judicial th Magistrate, Kulgam and the Order dated 24 of August, 2021 as also the proceedings arising therefrom. Mr S. N. Ratanpuri, the learned Counsel appearing for the Petitioner, has submitted that the Petitioner is essentially aggrieved of the issuance of non-bailable warrant and asking for details of his moveable and th immoveable property from the Tehsildar concerned vide Order dated 15 of November, 2023 passed by the learned trial Court and submits that the Petitioner is facing imminent threat of being arrested.
The learned Counsel submitted that the Petitioner shall feel satisfied in case he is allowed to approach the trial Court for seeking cancellation of the non-bailable warrant with some protection in the meanwhile. Heard learned Counsel for the Petitioner. The instant Petition, in the facts and circumstances of the case and given the submissions urged at the Bar, is disposed of at this stage with liberty to the Petitioner to move the trial Court within a week’s period from the date of this Order, for seeking cancellation of non-bailable warrant for the reasons enumerated in this Petition and, in the meanwhile, no coercive action shall be taken against the Petitioner. Petition is, thus, disposed of on the above terms, along with the connected CrlM. As prayed for, a copy of this Order be provided to the learned Counsel for the Petitioner under the seal and signatures of the Bench Secretary of this Court today itself. (M. A.
CHOWDHARY) JUDGE SRINAGAR th April 15 , 2024 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document 16. 04. 2024 10:50
Source: High Court of Jammu and Kashmir. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.