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IN THE GAUHATI HIGH COURT THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH
MANISH CHOUDHURY
L. Jayananda Singh, S/o Sri Laitonjam Inao Singh – Appellant
Versus
State of Assam represented by the Public Prosecutor, Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. The petitioner has instituted these four criminal petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [ BNSS ] seeking setting aside and quashing of criminal proceedings of four complaint cases, viz., [i] N.I. Case no. 6098/2023, [ii] N.I. Case no. 6100/2023, [iii] N.I. Case no. 6106/2023 and [iv] N.I. Case no. 6101/2023 which are presently pending before the Court of learned Judicial Magistrate, First Class [JMFC], Kamrup [M] at Guwahati [‘the Trial Court’, for short]. The afore-mentioned complaint cases have been filed by the respondent no. 2, a partnership firm, as the complainant alleging commission of the offence under Section 138 of the Negotiable Instruments Act, 1881, as amended. For the purpose of appreciation of the common issues raised in these four criminal petitions, the criminal petition, Criminal Petition no. 915/2024 is taken as the lead case and the facts narrated therein are taken into consideration only as other than the cheques involved therein there are no significant distinctions and differences in the facts involved.
2. In the complaint filed in N.I. Case no. 6098/2023, the respondent no. 2- complainan
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