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The Jammu & Kashmir and Ladakh High Court has dismissed a petition filed by Congress worker Sonaullah Dar seeking the transfer of his cheque bounce case from Srinagar to Jammu.The case, filed under Section 138 of the Negotiable Instruments Act, was pending before a judicial magistrate in Srinagar.
Dar argued that he had migrated to Jammu after allegedly being attacked by terrorists in the early 1990s and continued to face a threat to his life if required to appear before the Srinagar court.
He also cited health-related issues that, according to him, made travel to Srinagar difficult, and submitted documents showing that he was a registered migrant.However, Justice Sanjay Dhar found these claims unconvincing.
The court observed that the security situation in the Kashmir Valley had changed significantly over the years, with militancy now being almost negligible compared to the 1990s.It also noted that thousands of political workers who had earlier left the Valley had since returned and participated in elections.
The High Court further pointed to inconsistencies in Dar's submissions, noting that while he claimed to reside in Jammu in his petition, records from the trial court identified him as a resident of Ratsun Beerwa in Budgam district.According to the court, the material on record indicated that he had already returned to his original residence.
The bench concluded that the transfer plea lacked merit and appeared to be an attempt to delay the proceedings and avoid payment of the cheque amount directed by the trial court.Accordingly, the petition was dismissed.
Full reading at The Times of India