Pratik Majumdar v. The State of Assam and Anr

O R D E R

08.10.2024

Heard Ms. A. G. Choudhury, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam appearing on behalf of the State respondent.

¶2By way of filing this application under Section 528/438/442 of BNSS, 2023, the accused/petitioner is assailing the order dated 19.08.2024 whereby the learned Judicial Magistrate, First Class, Kamrup (M) at Guwahati issued Non-Bailable Warrant of Arrest against the accused/petitioner in connection with CR Case No.3632/2022.

¶3It appears that on 31.05.2022, the respondent No.2 filed a complaint against the accused/petitioner under Section 138/142 of the N.I. Act and under Section 420 of the IPC before the Chief Judicial Magistrate, Kamrup

(M) at Guwahati thereby claiming for releasing of an amount of Rs.10,00,000/- against dishonour of a cheque bearing No.000012 dated

04.04.2022. In connection with the aforesaid complaint, in view of the non-appearance of the accused/petitioner, the Criminal Court vide the order dated 19.08.2024 issued NBWA against the accused/petitioner through the jurisdictional Commissioner of Police against which the instant Criminal Petition has been filed.

¶4Ms. A. G. Choudhury, learned counsel for the accused/petitioner submits that the accused/petitioner is ready and willing to appear on the next date fixed before the Criminal Court and further cooperate in the Page No.# 3/3 trial.

¶5In view of the aforesaid endorsement made by the learned counsel for the accused/petitioner, this Court deems it fit to dispose of the instant Criminal Petition at the motion stage itself before issuing notice to the informant by directing the accused/petitioner to appear before the Judicial Magistrate, First Class, Kamrup (M) at Guwahati, Assam on 21.10.2024 and if the accused/petitioner appears on the said date, the NBWA issued against the accused/petitioner shall be kept in abeyance.

¶6It is needless to clarify that in the event of the accused/petitioner does not cooperate with the trial, the Trial Court is at liberty to proceed against the accused/petitioner in accordance with law.

¶7With the above observation and direction, the instant Criminal Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010210822024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1246/2024o PRATIKoMAJUMDARo S/OoSRIoMUNINDRAoKUMARoMAJUMDAR,oHARABALAoPATH,oHOUSEoNO.o 04,oULUBARI,oGUWAHATI,oDIST-oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:PABANoKUMARoDOWARI oS/OoSRIoLOKNATHoDOWARI oR/OoLUITSoDAYoREN oBYEoLANEoNO.o9 oGOKULoPATH oDR.oZAKIRoHUSSAINoPATH oHENGRABARI oGUWAHATI oP.S.-DISPUR oDIST-oKAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oAoGoCHOUDHURY,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI