Keshab Gogoi v. The State of Assam

ORDER Date : 19.12.2024

¶1Heard Mr. SK. S. N. Mohammad, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public prosecutor for the State of Assam.

¶2This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the order dated 30.10.2023.

¶3The petitioner has been facing the trial before the Court below in a proceeding Page No.# 2/2 under the Negotiable Instruments Act. Out of the total cheque amount of Rs.10,00,000/-, the petitioner has already paid Rs.6,00,000/- to the complainant, thereafter on some dates, the petitioner remain absent in the Court therefore the Trial Court directed issue of non-bailable warrant of arrest against the present petitioner.

¶4The learned counsel for the petitioner submits that he is ready to pay the remaining amount of Rs.4,00,000/- to the complainant, but for that he needs some time.

¶5The learned counsel for the petitioner submits that he will clear the said amount of Rs.4,00,000/- within June, 2025.

¶6After hearing the submissions made by learned counsel for both the sides, the prayer of the petitioner is allowed.

¶7The petitioner shall pay Rs.4,00,000/- to the complainant before June, 2025..

¶8Therefore the order dated 30.10.2023 and 29.11.2024, whereby the non-bailable warrant of arrest was directed to be issued against the present petitioner are set aside.

¶9The warrant of arrest if already issued, shall be recalled.

¶10The petitioner shall continue to appear before the Trial Court on next fixed date i.e. on 28.12.2024.

¶11The petitioner shall appear before the Court below.

¶12He shall be allowed to remain on previous bail.

¶13With the aforesaid direction, the Criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010272742024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1557/2024 KESHAB GOGOI S/O SARU RAM GOGOI, RESIDENT OF VILLAGE DUBIA, PO KOLABARI, PS GAHAPUR DIST BISWANATH, ASSAM 784178 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD, J S AHMED,MR A IKBAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA