Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar
Order Date: 29.08.2026
Case Overview
- Petition filed by Murtaza Fayaz (through Advocate Rafi Ahmad Dar) against HDFC Bank Ltd., challenging the order dated 17 May 2018 passed by the Chief Judicial Magistrate, Pulwama, which had taken cognizance of an offence under Section 138 of the Negotiable Instruments Act.
- The petitioner contended that the magistrate had not complied with Section 202 of the J&K Criminal Procedure Code, alleging that the complainant’s statement and witness statements were not recorded and that the mandatory inquiry was not conducted.
- The Court examined the impugned order and observed that the magistrate had recorded preliminary statements of witnesses and had expressed satisfaction before taking cognizance, indicating that procedural requirements were met.
- The Court concluded that the petitioner’s contentions were based on a misconception of facts and law.
Final Outcome
- The petition is dismissed as misconceived, and the connected criminal matter (CrlM No. 1462/2026) is also dismissed.
Topics: Legal Dispute, Banking