Srinagar, August 27, KDC: Observing that a depressed mood can be directly linked to a criminal conviction and that an appeal is argued by counsel rather than the appellant in person, the High Court of Jammu & Kashmir and Ladakh has dismissed a petition seeking deferment of appellate proceedings in a ₹40 lakh cheque bounce case.
A Bench of Justice Rahul Bharti dismissed at its inception on stage a petition filed by Hakeem Zaffar Ahmad, challenging an order dated June 30, 2026, passed by the Additional Sessions Judge, Srinagar. The appellate court had declined the petitioner’s application seeking deferment of the hearing in his criminal appeal against a judgment of conviction.
The petitioner stood convicted by the Judicial Magistrate 1st Class (City Judge), Srinagar, in a case under Section 138 of the Negotiable Instruments Act, 1881, relating to dishonoured cheques amounting to ₹40 lakh.
Before the High Court, counsel for the petitioner sought time and relied upon an “Illness Certificate” issued on April 2, 2026, by the Medical Superintendent of the Government Psychiatric Diseases Hospital, Rainawari, Srinagar, which described the convict as suffering from “Adjustment Disorder with Depressed Mood.”
Refusing to stall the appellate process, the High Court noted that an appellant is not required to personally address arguments before the appellate court when legal representation is available.
“The appeal is not a matter in which an appellant himself or herself is supposed to appear and argue. Given the fact that, in his appeal, the petitioner was and is supposedly having assistance of Advocate Mr. Mehboob Sofi, therefore, there was and is no disability on the part of Mr. Mehboob Sofi, learned Advocate, to represent the petitioners to argue the matter in the pending appeal before the Court of Additional Sessions Judge, Srinagar,” the Court said.
Justice Rahul Bharti held that the appellate court committed no illegality in refusing to delay the proceedings on grounds of psychiatric illness.
“Therefore, this Court finds no illegality committed on the part of the Court of learned Additional Sessions Judge, Srinagar, in declining the petitioner’s plea for deferment of the hearing of the appeal on the purported plea of being suffering from Adjustment Disorder with Depressed Mood. This Court cannot rule out that the depressed mood of the petitioner can be related to the fact that he has been convicted in a criminal case for commission of an offence under section 138 of the Negotiable Instruments Act, 1881 relating to an amount of Rs. 40 lacs of dishonoured cheque/s,” the Bench held.
Holding that the petitioner cannot be accommodated to evade appellate proceedings, the High Court dismissed the petition at the threshold.
Advocate Asma Rashid appeared for the petitioner, while Advocate Asif Ahmad Bhat represented the respondent. (KDC)
