Sr. No. 12 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 1052/2025 Haji Ghulam Qadir …. Petitioner/Appellant(s)

Through: - Mr. Farhan Mirza, Advocate V/s Charan Choudhary …. Respondent(s)

Through: - Mr. Vikram Sharma, Sr. Advocate with Mr. Zaheer Abhas Khan, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

ORDER

13.02.2026

1. Heard learned counsel for the parties and perused the record of the Courts below.

2. The respondent–complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “NI Act”) before the Court of Chief Judicial Magistrate, Jammu, alleging that the petitioner had approached him for financial assistance in connection with a “Handling Contract” allotted at PEG, Birpur on 10.05.2018. It was pleaded that a sum of ₹18,86,000/- was advanced towards 50% of the bank guarantee and other incidental expenses, with the assurance that the same would be repaid through cheque.

3. In discharge of the aforesaid liability, the petitioner allegedly issued Cheque No. 046630 dated 26.10.2022 for ₹16,36,000/- drawn on J&K Bank, Shalamar Road, Jammu. The cheque, upon presentation, was dishonoured with the e