Excelsior Correspondent
JAMMU, Aug 14: The High Court of Jammu & Kashmir and Ladakh has quashed a summoning order issued by the Chief Judicial Magistrate (CJM) Kishtwar in an alleged cheating case involving over Rs 41 lakh, ruling that the trial court failed to apply its mind and follow statutory requirements before issuing process.
Justice Vinod Chatterji Koul, while allowing petition filed by Abdul Rashid Lone, held that the February 3, 2024 order passed by the CJM was unsustainable as it lacked any recorded satisfaction or reasons to show that a prima facie case had been established.
The complaint, filed by Bansi Lal Shan, Chairman of the Truck Owners Union Kishtwar, alleged that Lone had engaged about 40 trucks for Public Distribution System (PDS) ration transportation in 2021-22. Although JKRTC allegedly paid Lone Rs 61,37,394 for the work, Shan claimed he received only Rs 20 lakh, with the remaining Rs 41,37,394 wrongfully withheld on the pretext of “illegal commission.” The complaint also accused Lone of threats and abuse.
Appearing for Lone, Advocate A A Hamal argued that the dispute was civil in nature, arising from contractual dealings, and that the trial court had acted mechanically by issuing summons without evaluating the complaint under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Advocate Satvik Gupta, vice Advocate Sandeep Gupta, represented the complainant.
Citing Section 210 BNSS and the Supreme Court’s landmark judgment in Raghubans Dubey Versus State of Bihar (1967), the High Court reiterated that courts must first take proper cognizance of the offence, not the offender, before issuing process, and that bypassing this step constitutes a jurisdictional error.
Setting aside the CJM’s order, the High Court remanded the matter to the trial court for fresh examination of the complaint and a speaking order in accordance with law.
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