Srinagar, Oct 12:
Taking strong exception to the foul played by the litigant by using the court order and getting released himself from the jail without complying with the conditions of the court order, High Court issued bailable warrants to be executed by the Senior Superintendent of Police (SSP) concerned for securing his presence before the court.
Justice Rahul Bharti directed the Registrar Judicial to issue bailable warrants against the litigant-Mohammad Shafi Kumar for securing of his presence before the court on next date of hearing.
Court directed the warrants be executed by SSP Shopian. “In the meantime, bailable warrants to an amount of Rs 1 lakh is issued against the petitioner for procuring his personal appearance in the case on next date of hearing, List on 28 October”, Justice Bharti directed.
Kumar obtained the court order whereby his conviction by the court below in cheque bounce case was stayed subject to depositing the 20 percent of cheque amount before the registry of this court.
The litigant without depositing the amount as directed by the court has obtained the order and produced before the court below and the trial court upon receiving the court order directed his release from the jail.
Justice Bharti also directed the Chief Judicial Magistrate, Shopian to submit a report along with the record as to whether a direction/docket for release of the Kumar from Central Jail, Srinagar was issued by it with or without any application made by the accused and to this Court positively without any fail by or before next date of hearing.
The court took the cognizance of the matter after the counsel for the other side advocate Bilal Ahmad Khan apprised the Court with a fact that by procuring a certified copy of the order dated 04.04.2024 passed by this Court without depositing the amount, the petitioner-Kumar moved an application before the Chief Judicial Magistrate, Shopian and got a docket issued to the Superintendent Central Jail, Srinagar which paved way for his release.
Advocate Khan submitted that without the compliance of pre-condition of 20% deposit of the cheque amount having first taken place, the litigant-Kumar played foul with this court as also with the court below and got released in himself from the jail
The court on 4.4.2024 had entertained his plea against the conviction subject to a condition that he shall deposit 20% of the cheque amount for which the petitioner has come to be convicted before the court within a period of 15 days upon which the operation of the impugned order of conviction passed by the court of Chief Judicial Magistrate Shopian shall come to stay.