JUDGMENT :

Ali Mohammad Magrey, J.-These two Letters Patent Appeals (LPAs) have been filed by the appellants against the orders passed by two different learned Single Judges of this Court in petitions under Section 482 of the Code of Criminal Procedure, 1973 (now applicable in the Union Territory of Jammu and Kashmir) / 561-A of the Code of Criminal Procedure, 1933 (now repealed). The two provisions are in pari materia to each other.

2. The question arising for determination in both these LPAs is about their maintainability under Clause 12 of the J&K Letters Patent of 1943. Therefore, the two LPAs were taken up and heard together on the said question of law, and are being dealt with by this common order. First, the brief narration of factual matrix of the two cases is given hereunder.

LPA No.80/2020:

3. The appellant on 26.02.2019 filed a complaint under the J&K Protection of Women from Domestic Violence Act, 2010 (the Act), alleging therein that her husband, respondent herein, had subjected her to domestic violence. She sought compensation, damages and prohibition against committing acts of domestic violence and harassment, as well as maintenance to the tune of Rs.40,000/- per month. The appellant is working as a Bank Manager and the respondent has retired from Government service. Obviously, they are quite aged. They are issueless.

4. The trial Magistrate, namely, the Special Mobile Magistrate, Passenger Tax & Electricity (PT&E), Srinagar, by order dated 29.04.2019, without going into the merits of the matter, on finding that the parties were quite aged, inasmuch as the husband had even retired, directed the parties to accommodate each other in a cordial and friendly manner in the house where they were residing before the dispute. The Magistrate further ordered the appellant to provide a two room accommodation to the respondent-husband, who had to undertake to live peacefully in the house without causing any cruelty – physical or mental – to the appellant.

5. The appellant filed a statutory appeal under Section 29 of the Act on 06.05.2019. The Appellate Court of Additional Sessions Judge, Srinagar, found the appeal lacking merit and, therefore, disposed of the same by order dated 24.02.2020.

6. The appellant, thereafter, filed a petition under Section 482 Cr. P. C., being CRM(M) no.58/2020, on 28.02.2020, seeking quashing of orders dated 29.04.2019 and 24.02.2020, respectively, passed by the trial Magistrate and the Appellate Court. That petition was dismissed by order dated 03.03.2020 passed by a learned Single Judge of this Court, finding it to be without any merit. The instant LPA has been filed under Clause 12 of the Letters Patent challenging the aforesaid order dated 03.03.2020 passed by the learned Single Judge in the aforesaid petition under Section 482 Cr. P. C.

LPA No.84/2020:

7. In this case, the respondent in the LPA filed a complaint on 09.05.2017 against the appellant under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate, 1st Class (Sub-Judge), Bijbehara, Anantnag. The trial Magistrate issued process against the appellant. The appellant on 22.09.2017 filed a petition, bearing no.226/2017, under Section 561-A Cr. P. C., seeking quashing of the aforesaid complaint. The learned Single Judge by order dated 18.03.2021 dismissed the petition as being without merit. The petitioner in the said petition has challenged the order of the learned Single Judge by filing the present LPA.

8. On 06.07.2021 when this LPA was first taken up by the Division Bench for consideration, the Court observed and directed, inter alia, as under:

“To our mind, a Letters’ Patent Appeal against such order passed in exercise of supervisory jurisdiction is not maintainable.

Since the counsel for the appellant is not available, in the interest of justice, we direct it to be listed on 13th July, 2021, on which date he will satisfy about the maintainability of the appeal.”

9. It may be observed here that in LPA no.80/