JUDGMENT :

Javed Iqbal Wani, J.

1. The instant petition has been filed by the petitioner under and in terms of Section 482 of the CRIMINAL PROCEDURE CODE , 1973, (for short 'the Code') seeking quashment of orders dated 01.12.2022, 13.02.2023 and 06.03.2023 (for short 'the impugned orders') passed by the Court of City Judge/Judicial Magistrate 1st Class Srinagar, (for short 'the Magistrate') in case titled as Vikar Ahmad Bhat v. Emaad Muzaffar Makhdoomi .

Brief Facts:

(i) A complaint alleging commission of the offences under section 138 of the Negotiable Instrument, 1881, (for short 'the Act') came to be filed by the respondent herein against the petitioner herein on 18.04.2022 before the Magistrate.

(ii) Upon taking cognizance of the said complaint, the Magistrate summoned the accused petitioner herein and the accused petitioner herein thereafter claimed to have entered appearance through his counsel, who had sought time to present the petitioner, however, later expressed his inability to appear before the Magistrate owing to death threats received by the petitioner as evaluated by the CID wing of the J&K Police followed by his categorization and consequently counsel for the petitioner sought leave of the Court to appear on behalf of the petitioner herein for recording of the statement under section 251 of the Code as also in further proceedings.

(iii) The Magistrate instead of considering the plea of the counsel for the petitioner issued warrants against the petitioner followed by order dated 01.12.2022 issuing a proclamation against the petitioner under section 82 of the Code requiring the petitioner to appear before him on 02.02.2023.

(iv) On 13.02.2023, the Magistrate yet, issued fresh proclamation requiring the petitioner to appear before him on 06.03.2023 and in terms of the same order directed the Tehsildar to attach the property of the petitioner.

(v) The order dated 06.03.2023 passed by the Magistrate came to be followed by another proclamation/order requiring the petitioner to appear before him on 07.04.2023 besides simultaneously directing the Deputy Commissioner Srinagar, to attach all the immovable properties of the petitioner.

Heard counsel for the petitioner as well as counsel for the caveator/respondent.

2. Having regard to the nature of controversy involved in the petition and the submissions made by appearing counsel for the parties, the instant petition is taken up for final disposal at this stage with the consensus of appearing counsel for the parties.

3. Before adverting to the issues raised in the petition the provisions of Sections 251 and 317 of the Code being relevant and germane herein need to be referred hereunder:

Section 251 provides as under:

251. Substance of accusation to be stated.- When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

A perusal of the above Section would show that in a summons case when the accused appears or is brought before the Magistrate, the particulars of the offences has to be put to him and asked whether he pleads guilty or has any defence to make. It is not necessary to frame formal charge by the Magistrate. The object of the Section seemingly is only to the extent of apprising the accused person with the particulars of the offence/s that is alleged against him and it is only to enquire from him whether he pleads guilty or has any defence to make. The appearance of the accused can either be personal or through his advocate as is provided under section 205 of the Code which empow