GAUHATI HIGH COURT
MRS. RUMI KUMARI PHUKAN, J
GAUTAM CH. BARMAN – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. complaint filed for dishonor of cheques under relevant laws. (Para 4 , 5 , 6) |
| 2. court's understanding of cheque dishonor and distinctions between offenses. (Para 9 , 11 , 12) |
| 3. court denies amendment of charges, reaffirming original jurisdiction. (Para 10 , 14 , 15) |
ORDER
Date : 27-01-2021 Heard the submission of learned counsel for the parties.
2. None appears for the respondent no. 2 despite name being shown in the cause list.
3. In view of the nature of prayer made in this petition and as the matter is pending since 2019 despite service notice upon the respondents, the matter is taken up for disposal at the admission stage itself.
4. The petitioner herein lodged a complaint before the Court of learned JMFC, Kamrup (M), Guwahati under Section 138 of the NI Act read with Section 420 of the IPC which was registered as Criminal Case No. 1000/2015 and the learned trial court took the cognizance of offence under the said Section of law.
5. However, in course of trial, charge under Section 138 NI Act was framed, it was a case of dishonor of two cheques that was issued by the respondent no. 2. The case proceeded for trial till the stage of argument.
6. At the argument st
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