SAHADAT ALI vs THE STATE OF ASSAM AND ANR

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GAHC010149812022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./745/2022 SAHADAT ALI PROPRIETOR, M/S INDIAN AQUA INDUSTRIES, S/O LATE SAMSHER ALI R/O VILL- KAITHA P.S. NALHATI P.O. KAITHA DIST. BIRBHUM, KOLKATA-731220, WEST BENGAL.
VERSUS THE STATE OF ASSAM AND ANR.
REP. BY ITS PP, ASSAM
2:SHRI BHAGWATI PRASAD ARAGWALA PARTNER M/S P.D. PLASTIC 41 B.K. KAKOTI ROAD ULUBARI GUWAHATI- 781007 DIST. KAMRUP (M)
ASSA Advocate for the Petitioner : MR. S MITRA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

Advocates:
['S MITRA', '', 'S K DAS', 'PP', 'ASSAM']

ORDER

01.08.2022 Date :

Heard Mr. S. Mitra, learned counsel for the petitioner and Mr. Bhaskar Sarma, learned APP appearing for the State.

In view of the order proposed to be passed, issuance of notice on respondent no.2 is dispensed with.

By this application under Section 482 CrPC, the petitioner, who is accused in a proceeding initiated under Section 138 of the NI Act by the respondent no.2, C which is registered as CR Case No. 4935 /2019 and pending before the court of learned Munsiff-cum-Judicial Magistrate First Class No.4, Kamrup (M), Guwahati has assailed the order dated 31.03.2022, 27.05.2022 and 25.07.2022 by which NBWA has been issued against the petitioner.

As per the order sheet annexed, by order dated 25.07.2022, next date for appearance of the petitioner-accused is 22.09.2022. It is projected in this petition that the petitioner had engaged a learned counsel to appear in the matter and it is also projected that due to Covid-19 pandemic, the proceedings was adjourned on various dates and since 14.09.2021, the petitioner had remained absent and therefore, NBWA was issued against him, to be followed by issuance of NBWA by order dated 31.03.2022.

It appears from the various order sheets on record that by his non-

appearance, the petitioner has considerably delayed the trial of CR Case No.

4935 /2019.

Be that as it may, as the petitioner has now approached this Court and has undertaken to appear on date whenever the trial is fixed in respect of the aforementioned case, the Court is inclined to suspend the NBWA issued against the petitioner by order dated 25.07.2022 till 11:00 AM of 22.09.2022, by which time the petitioner shall appear before the court of learned Munsiff-cum- Judicial Magistrate First Class No.4, Kamrup (M), Guwahati and by showing cause pray for recalling of the NBWA against him.

On such petition being filed, it would be open to the learned Munsiff-cum-

Judicial Magistrate First Class No.4, Kamrup (M), Guwahati to take up the matter on the date fixed and pass appropriate order as may be deemed fit and appropriate.

It is further provided that the protection granted to the petitioner of suspension of the NBWA, which was issued by order dated 25.07.2022 would lapse on expiry of 11:00 AM of 22.09.2022.

In view of the nature of relief granted to the petitioner, the Court does not find any reason to keep this matter alive. Accordingly, this application stands closed. JUDGE Comparing Assistant

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