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2026 Supreme(Gau) 79

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Madhu Ram Deka, S/o. Late Haroram Deka – Appellant
Versus
State of Assam, Rep. By The P.P., Assam – Respondent


Advocates Appeared:
For the Petitioner:Mr S. Parashar, Mrs. T. Sarma, Advocate
For the Respondent: Mr. Firuz Khan, Mr. Abhijit Mena, Mr. U. Chaudhury, Mr. T.K. Das.

JUDGMENT :

PRANJAL DAS, J.

1. Heard Mr. S. Parashar, the learned counsel for the petitioner. Also heard Mr. F. Khan, learned counsel for the respondent No. 2/complainant.

2. The respondent No. 2 as complainant has filed a complaint petition before the Court of the learned Chief Judicial Magistrate, Nalbari, under Section 138 of the Negotiable Instruments Act, 1881, (herein after NI Act), alleging commission of offence under said provision of NI Act, with regard to a cheque dated 14-06-2021, bearing No. 045164 of amount Rs.20,00,000/-, issued by the petitioner/accused.

3. It is stated that the cheque upon being presented, was dishonoured, on the ground of “drawer's signature differs”. It is stated by the respondent No.2/complainant that after following the procedural formalities, the complainant/petitioner was initiated, giving rise to N.I. Case No. 59 of 2021 pending before the learned Additional CJM, Nalbari and at the stage of evidence. In the said proceeding, the complainant filed a petition, invoking the powers under Section 143-A of the NI Act, seeking interim compensation.

4. After hearing the parties, the said petition was allowed by the learned trial court, vide its order dated

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