HC refuses to quash 14-year-old cheque bounce proceedings, says belated objection cannot undo completed trial

11/07/2026

SRINAGAR, Jul 10: The High Court of Jammu & Kashmir and Ladakh has dismissed a petition seeking to quash criminal proceedings in a 14-year-old cheque dishonour case, holding that an accused who actively participated in the trial until the stage of final arguments cannot later challenge the order taking cognizance on the ground of procedural irregularity.
Justice Shahzad Azeem passed the judgment while dismissing a petition filed by Aijaz Ahmad Bhat against an order of the Chief Judicial Magistrate, Shopian, taking cognizance of a complaint under Section 138 of the Negotiable Instruments Act in a case instituted by Nisar Ahmad Malik. The petitioner was represented by Advocate Faisal Javied.
The petitioner contended that the Magistrate had failed to comply with the mandatory requirement of Section 202 of the Code of Criminal Procedure (now Section 225 of the BNSS) by issuing process without first conducting an inquiry, as the accused resided beyond the territorial jurisdiction of the court. Reliance was placed on the Supreme Court's Constitution Bench judgment in In Re: Expeditious Trial of Cases under Section 138 of the NI Act, 1881.
The High Court, however, noted that the petition had been filed after more than 14 years and that the trial had substantially concluded, with evidence from both sides completed and the case pending final arguments since October 2017. The Court observed that the petitioner had participated throughout the proceedings without raising any objection regarding non-compliance with Section 202 CrPC.
Justice Shahzad Azeem observed that while an inquiry under Section 202 is mandatory where the accused resides beyond the territorial jurisdiction of the Magistrate, such an objection must be raised at the appropriate stage.
The Court held, "At this highly belated stage, when the matter is awaiting its final outcome, the clock cannot be set back to the pre-cognizance state. By his active participation in the trial, the very object of Section 202 Cr. P. C. stands achieved. The objection regarding alleged non-compliance is, therefore, deemed to have been waived."
The Court further observed that the petitioner had failed to demonstrate any prejudice caused by the alleged omission of an inquiry and held that any procedural irregularity, if at all, was curable under Section 465 CrPC (corresponding to Section 511 BNSS). Accordingly, the petition and the connected application were dismissed.
Before concluding, Justice Shahzad Azeem clarified that the ruling was confined to the peculiar facts of the case and should not be construed as diluting the mandatory nature of an inquiry under Section 202 CrPC (Section 225 BNSS) where such an objection is raised at the appropriate stage. The judgment has been approved for reporting.

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