GHULAM MUHAMMAD KHAN Vs. ABDUL QAYOOM KAREEMI

JUDGEMENT

(1.) Order passed by the learned Additional Sessions Judge, Baramulla on 23/2/2019 (for short impugned order) is prayed to be quashed by invoking power under Sec. 561-A Cr. PC, mainly on the ground that the objections filed in this regard by the petitioner herein (who had been convicted for the commission of offence punishable under Sec. 138 N. I. Act and sentenced to one years' rigorous imprisonment and one year simple imprisonment) were not considered at the time of passing an order.

(2.) On perusal of order, it appears that the learned Additional Sessions Judge, has directed the petitioner herein to make compliance of Sec. 148-(1) of N. I. Act and deposit the amount of 20% of compensation before the Court. It would be proper herein to quote Sec. 148-(1) of N. I. Act.

(3.) On hearing learned counsel for the petitioner, the emphasis is being laid only on the argument that there is no reference in the impugned order of the objections filed by the petitioner and so the order is bad. The learned Sessions Court could according to him pass impugned order only if it had made reference of the objections and considered the same.