WAHEED SHAFI SHEIKH Vs. NASEER AHMAD GANIE

JUDGEMENT

(1.) By this common order applications for condonation of delay in filing the afore titled two appeals and applications for leave to file the appeals alongwith the afore titled two appeals are being disposed of.

(2.) It appears that the petitioner/appellant filed two separate complaints against the respondent for offence under Sec. 138 of Negotiable Instruments Act before the Court of learned Chief Judicial Magistrate, Sopore (hereafter referred to as "the trial Magistrate"). One complaint which is subject matter of CrlA (AS) No.42/2024 was with respect to cheque dtd. 31/8/2022 for an amount of Rs.2,00,000.00issued by the respondent in favour of the petitioner/appellant, whereas the other complaint which is subject matter of CrlA (AS) No.43/2024 was in respect of cheque dtd. 5/8/2022 for an amount of Rs.2,00,000.00 issued by the respondent in favour of the petitioner/appellant. It seems that both the complaints came to be presented before the learned trial Magistrate on 28/11/2022 and on 8/2/2023 two separate orders came to be passed by learned Chief Judicial Magistrate, Sopore, whereby cognizance of the offence was taken and process was issued against the respondent.

(3.) It also appears that on 14/9/2023 both the complaints filed by the petitioner against the respondent came to be dismissed for non-prosecution by the learned trial Magistrate on the ground of continuous absence of the complainant (petitioner/appellant). In this regard, two separate orders in the two complaints came to be passed by the learned trial Magistrate and these orders are subject matter of challenge in the afore titled two appeals.