• About us
  • Contact us
  • Our team
  • Terms of Service
Monday, August 3, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home TOP NEWS

HC quashes execution proceedings in cheque bounce settlement

Images News Netwok by Images News Netwok
July 11, 2026
in TOP NEWS
A A
0
PM Modi inaugurating incomplete projects for votes: JKPCC

Photo/ Kashmir Images

FacebookTwitterWhatsapp

Srinagar: In a ruling clarifying the limits of a criminal court’s jurisdiction in cheque dishonour cases, the High Court of J&K and Ladakh has held that once a complaint under the Negotiable Instruments Act is disposed of on the basis of a compromise and the accused is acquitted, the Magistrate becomes functus officio and cannot later enforce the terms of the settlement through execution proceedings unless the final order itself contains an executable judicial direction.

Justice Wasim Sadiq Nargal delivered the judgment while allowing a petition filed by Gulla Ganaie alias Gulzar Ahmad Ganaie, setting aside the orders of the Chief Judicial Magistrate (CJM), Budgam, dated November 17, 2025 and May 6, 2026, which had initiated execution proceedings and directed steps for attachment of the petitioner’s property.

More News

India’s greatest strength lies in its young population: LG

Labourers’ killers’ names must be revealed: Farooq Abdullah

Sharda to Sansad: LG urges scholars, teachers, artists to invest in preserving India’s civilizational heritage

Load More

The case originated from a complaint under Section 138 of the Negotiable Instruments Act relating to cheque dishonour. During the pendency of the proceedings, the parties entered into a compromise on July 26, 2024, under which the petitioner agreed to pay Rs 6.60 lakh to the complainant, while the complainant agreed to provide a patch of land to the petitioner.

Recording the settlement, the CJM dismissed the complaint and acquitted the accused.

Later, alleging that the petitioner had failed to honour the compromise, the complainant approached the same court seeking execution of the settlement.

The CJM entertained the application and subsequently directed the complainant to furnish details of the petitioner’s properties for attachment.

Assailing these proceedings before the High Court, the petitioner contended that the criminal case had already attained finality upon his acquittal and that the Magistrate lacked jurisdiction to reopen the matter or execute the compromise after the disposal of the complaint.

Accepting the contention, Justice Nargal observed that once the complaint was disposed of and the accused acquitted, the criminal proceedings came to an end and the Magistrate became functus officio, leaving the court with no continuing jurisdiction unless expressly authorised by law.

“The criminal proceedings stood concluded and the learned Magistrate became functus officio. Thereafter, the criminal court ceased to possess any continuing jurisdiction over the complaint,” the court observed.

The High Court further noted that while the order dated July 26, 2024 recorded the compromise, it neither incorporated the terms of the settlement into its operative portion nor directed that the agreed amount could be recovered under Sections 421 and 431 of the Code of Criminal Procedure.

The court held that coercive recovery mechanisms available under criminal procedure can be invoked only where there is an executable judicial direction passed by the court and not merely because the parties have entered into a private settlement.

Relying on the Supreme Court’s judgment in M/s Gimpex Private Limited v. Manoj Goel, Justice Nargal observed that a compromise creates independent contractual rights and obligations between the parties.

Any breach of such a settlement may give rise to an independent legal remedy, but it does not revive the jurisdiction of the criminal court after the complaint has been finally disposed of.

The High Court also referred to the Delhi High Court’s decision in Dayawati v. Yogesh Kumar Gosain, which held that a settlement in a cheque bounce case can be enforced through criminal recovery provisions only if the court expressly incorporates the settlement terms into its final order and provides for recovery in the event of default.

Finding that no such executable direction formed part of the July 26, 2024 order, the High Court held that the execution proceedings initiated by the CJM and the consequential attachment order were “wholly without the authority of law.”

Accordingly, the High Court quashed the execution proceedings as well as the attachment order passed by the Chief Judicial Magistrate, Budgam.

However, it clarified that it had not expressed any opinion on the validity of the compromise or the alleged breach thereof, leaving it open to the complainant to pursue any other remedy available under law before the competent forum.

 

Previous Post

NMC approves 50 additional MBBS seats for GMC Srinagar

Next Post

Govt notifies framework for evaluation of books, academic material in edu institutions

Images News Netwok

Images News Netwok

Related Posts

India’s greatest strength lies in its young population: LG

India’s greatest strength lies in its young population: LG
August 3, 2026

Srinagar: India's greatest strength lies in its young population, with nearly 65 percent of the population below the age of...

Read moreDetails

Labourers’ killers’ names must be revealed: Farooq Abdullah

Farooq Abdullah questions Centre’s silence on situation in PoJK
August 3, 2026

Anantnag: National Conference president Farooq Abdullah on Sunday demanded that the identity of the killers of two migrant labourers in...

Read moreDetails

Sharda to Sansad: LG urges scholars, teachers, artists to invest in preserving India’s civilizational heritage

Sharda to Sansad: LG urges scholars, teachers, artists to invest in preserving India’s civilizational heritage
August 3, 2026

Srinagar: Lieutenant Governor Manoj Sinha Sunday highlighted how literature and scholarship illuminate the human spirit and connect different eras. Addressing...

Read moreDetails

J&K Govt approves ₹19.61 cr sewerage project for Ahmed Nagar, Pandach, adjoining areas

AC extends Amnesty Scheme-2022 for domestic consumers of electricity till March 2025
August 3, 2026

Srinagar: In a significant step towards strengthening urban infrastructure and improving public sanitation, the Government of Jammu & Kashmir has...

Read moreDetails

Jammu Railway Division earns nearly Rs 78 lakh in fines for ticketless travel in July

Locomotive of Jammu-bound train detaches from coaches in Punjab
August 3, 2026

Jammu:  The Jammu Division of Northern Railway generated about Rs 78 lakh in revenue by penalising more than 10,000 ticketless...

Read moreDetails

Land subsidence hits remote village in Poonch; several structures damaged

Land subsidence hits remote village in Poonch; several structures damaged
August 3, 2026

MENDHAR/JAMMU: At least two houses and a school building were completely damaged, and more than six other houses developed cracks...

Read moreDetails
Next Post
Directorate of School Education Kashmir gets video conferencing facility

Govt notifies framework for evaluation of books, academic material in edu institutions

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.