JUDGMENT

02.05.2025 (ORAL)

1. In the facts and circumstances of the case and having regard to the issue involved, this Court is of the considered opinion that the matter can be disposed of even at this threshold stage without notice to the other side.

2. The matter is, accordingly, taken up for final disposal.

3. Through the medium of the instant petition having been filed under the provisions of Section 528 of Bharatiya Nagrik Suraksha Sanhita 2023 (for short BNSS), the petitioner has sought quashment of the order dated 27.03.2025 passed by the Court of learned Judicial Magistrate (Munsiff), Kishtwar on a complaint filed by the respondent against the former under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as „the Act‟ for short) and titled as ‘Noor Hussain vs Mohd Afzal’ Beigh, as also of the issuance of non-bailable warrant of arrest through a subsequent order dated 15.04.2025, on the main ground that the learned Magis