HARI SANKAR MUKHARJEE vs THE STATE OF ASSAM AND ANR

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GAHC010212012022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1067/2022 HARI SANKAR MUKHARJEE S/O LATE JIBAN KANAI MUKHARJEE R/O HOUSE NO. 9, 2ND FLOOR, DINESH OJHA PATH, KAMAKHYA NAGAR, BHANGAGARH, PO. AND P.S. BHANGAGARH, GUWAHATI-781005 DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM
2:SRI SAMIT MUKHARJEE R/O VILL- BORGHOLA PART-I P.O. SRIJANGRAM P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. A PAUL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

ORDER

26.10.2022 Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Mr. R. J.

Baruah, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1.

By this petition under Section 482 Cr.P.C., the petitioner has prayed to set aside and quash the impugned order dated 16.07.2022 passed by the leaned Chief Judicial Magistrate, Bongaigaon in N.I C.R. Case No. 15C/2020.

Learned counsel for the petitioner submits that on 05.03.2020 a case was filed under N.I. Act against the present petitioner by the respondent No.2. On receipt of the notice in connection with the aforesaid case, the petitioner appeared before the court of the learned CJM, Bongaigaon and order of payment was made and the case was fixed on 14.06.2020. Steps were taken on behalf of the petitioner vide petition No. 1953/2022 but the learned trial court directed the petitioner to appear personally on 16.07.2022 and to make payment. However, the petitioner was absent on 16.07.2022 with Petition No. 2371/2022 but the learned trial court issued NBWA against the accused petitioner and fixed the date on 17.08.2022. The accused petitioner was again absent on 17.08.2022 and a fresh NBWA was issued and next date for appearance was fixed on 26.09.2022 but both the parties were absent on the date fixed for which the case was again fixed on 05.11.2022 for necessary order.

Mr. R. J. Baruah, learned Additional Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to conditions.

Be it mentioned here that within the ambit and scope of the power vested on this Court, under Section 482 Cr.P.C., the NBWA issued by the learned Court below cannot be recalled.

However, having considered the above submissions made by the learned counsel for both the sides and consideration of the averments made in the petition supported by the documents annexed thereto, it is provided that the petitioner th shall appear before the learned Court below on or before 5 November, 2022 and till his appearance, the execution of the NBWA issued against him shall be kept in abeyance subject to the condition that if he fails to appear within the specified

period, from 6 November, 2022, this order shall automatically come to an end.

With the above direction, the petition stands disposed of.

JUDGE Comparing Assistant

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