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2023 Supreme(Gau) 198

MALASRI NANDI
Pradip Patangia – Appellant
Versus
Tarulata Saikia, W/o Dr. Jayanta Kr. Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr D C Kath Hazarika, Ms J Kalita.
For the Respondent: Mr P K Singha

JUDGMENT :

Heard Mr D C Kath Hazarika, learned counsel appearing on behalf of both the petitioners and Mr P K Singha, learned counsel appearing on behalf of the respondent

2. Both the criminal petitions have been taken up together as they relate to the same set of incidents.

3. The criminal petitions, being Criminal Petition No. 156 of 2018 and Criminal Petition No. 242 of 2018, are being filed under Section 482 CrPC, 1973, for quashing of Negotiable Instrument proceeding, vide NI Case No. 6 of 2017 and NI Case No. 7 of 2017, pending in the Court of learned Additional CJM, Sonitpur, Tezpur, to avoid the abuse of process of law and to secure ends of justice.

4. The instant application, being Criminal Petition No. 156 of 2018 is filed by the petitioner, Pradip Patangia for quashing of the written complaint dated 24.01.2017, against him under Section 138 and 142 of the Negotiable Instruments Act, 1881 (hereinafter, referred to as “the NI Act”), before the learned CJM, Sonitpur, Tezpur (Assam), which has been registered as NI Case No. 6 of 2017, whereby the complainant has claimed for payment of alleged legally enforceable debt.

5. The criminal petition, being Criminal Petition No. 242 of 2

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