Srinagar, July 7 (JKNS): The High Court of Jammu & Kashmir and Ladakh has dismissed a petition seeking transfer of a cheque bounce case from Srinagar to Jammu, observing that terrorism in Kashmir is now “almost negligible” and the security situation has transformed significantly compared to the early 1990s.
According to details available with news agency JKNS, Justice Sanjay Dhar rejected the plea filed by Sonaullah Dar, who had sought transfer of a complaint under Section 138 of the Negotiable Instruments Act pending before the Judicial Magistrate First Class, Srinagar.
The petitioner claimed that he had migrated to Jammu during the early 1990s after being targeted by terrorists because of his association with the Congress party and was unable to travel to Srinagar due to security concerns and health issues. He also alleged harassment by the trial court and its staff.
The High Court, however, observed that although the petitioner had produced a migrant ration card issued by the Relief Commissioner, the security situation in Kashmir had undergone a substantial transformation over the years.
The court noted that political workers had returned to the Valley and actively participated in the democratic process, making the petitioner’s claim of facing a continuing threat to his life improbable.
The court further found that the material available on record contradicted the petitioner’s claim of residing in Jammu.
It observed that summons had been served at his address in Ratsun Beerwah, while his statement before the trial court, personal bond and Aadhaar card also reflected the same Kashmir address.
Based on these facts, the court concluded that the petitioner had shifted back to his original residence in Kashmir after migration and that his claim of presently residing in Jammu was not acceptable.
Rejecting allegations of harassment by the trial court and its clerk, Justice Dhar observed that the petitioner had failed to provide any supporting particulars or evidence.
The High Court also noted that the trial court record showed the petitioner had already pleaded guilty in the cheque bounce proceedings and had been directed to liquidate the cheque amount payable to the complainant.
The court observed that the transfer petition appeared to have been filed only to delay the proceedings and avoid payment of the cheque amount.
Holding that none of the grounds raised justified transfer of the case, the High Court dismissed the petition and vacated the interim stay that had halted further proceedings before the Srinagar trial court. (JKNS)