Sr. No. 106 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Ramesh Kumar …..Appellant(s)

Through: Mr. Maneesh Rampal, Advocate Vs Shri Ram Transport Finance Company .…. Respondent(s)

Ltd Through:

Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

ORDER

12.12.2025

01. Issue notice to the respondent in the main as well as in the interim application, returnable by the next date of hearing, subject to taking of requisite steps for service within a week’s period, for filing of response/objections.

02. Heard the learned counsel for the applicant/petitioner in respect of his prayer for grant of interim relief. The learned counsel during his arguments inter alia stressed on the point that since the non-applicant/respondent as per its demand notice dated 06.05.2023, required the applicant/petitioner to make payment of Rs.12,16,773/- as the total alleged overdue amount including cheque amount of Rs.4,50,000/- along with the interest @ 12% per annum till the time of the actual payment within a period of 15 days from the date of receipt of the said notice, as such, the said notice does not qualify to be the requisite notice in terms of the provisions of Section 138 of Negotiable Instruments Act (