ORDER(ORAL)

24.05.2024

1) The petitioner has challenged order dated 01.06.2023 passed by learned Judicial Magistrate 1st Class (Sub Registrar), Srinagar, whereby the learned Magistrate has, in exercise of his power under Section 83 of the Cr. P. C, directed Deputy Commissioner, Srinagar, to attach the whole or any part of the immovable property as well movable property of accused Sheikh Ghulam Qadir, respondent No.2 herein, and to seize bank accounts of the said accused in the name of Firdous Educational Institute, Zakura, Srinagar, maintained with J&K Bank, Branch Habak Srinagar, and J&K Bank, Branch Malabagh Srinagar.

2) Heard and considered.

3) It appears that a complaint for offence under Section 138 of the Negotiable Instrument Act was filed by respondent No.1 against respondents No.2 and 3 before the learned Trial Magistrate wherein the learned Trial Magistrate issued process against the said respondents.

4) It seems that during trial of the complaint, the accused stopped appearing in the case which compelled the learned Trial Magistrate to issue non-bailable warrants against them. It was reported by the executing officer that both the accused have absconded to Delhi and cannot be