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[CRIME] · India · 3 sources

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J&K High Court Upholds Judge Dismissal and Rejects Cheque‑Loss Defence in NI Act Case

The Jammu & Kashmir and Ladakh High Court dismissed a challenge to the dismissal of former civil judge Naveen Jamwal, who was found to have taken bribes of ₹2.5 lakh from three applicants in exchange for promising judicial jobs. The Division Bench (Justices Rajnesh Oswal and Sanjay Parihar) held that the disciplinary inquiry proved the charges, that proper notices were served, and upheld the 2022 dismissal recommended by the state government.

In a separate matter, the same High Court rejected a petition by Sanjay Gupta seeking to quash criminal proceedings under Sections 138 and 142 of the Negotiable Instruments Act concerning a ₹65.68 lakh cheque marked “Payment Stopped by Drawer”. The court ruled that loss of the cheque or a stop‑payment order does not defeat the statutory presumption of dishonour, and such defences must be examined at trial, not at the stage of taking cognizance.

Entities

Jammu & Kashmir and Ladakh High Court · Justice Rajnesh Oswal · Justice Sanjay Parihar · Naveen Jamwal · Sanjay Gupta