Disposed

Bijumoni Nath v. Gauri Shankar Saikia and Anr.

Gauhati HC23 Oct 2019Crl.Pet./1230/2019

Case brief

AI extract

What is this about?

The High Court disposed of a bail petition by staying the execution of a standing non-bailable warrant against the petitioner in a cheque dishonour case. The petitioner, an accused absconding due to health issues, was ordered to appear before the trial court to seek bail, while the immediate arrest warrant was stayed.

What did the court decide?

Execution of standing non-bailable warrant stayed; petitioner directed to appear on 30.11.2019 with bail application.

Bijumoni Nath Vs Gauri Shankar Saikia and Anr. — Cheque Dishonour | Gauhati HC (2019)

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GAHC010256762019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet. 1230/2019

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1:BIJUMONI NATH

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D/O SRI AMBESWAR NATH, W/O SRI BULBUL SAIKIA, R/O TIPLING NABAJYOTI GAON, (NEAR 3 NO. OCS), P.O. JALANI DIBRU DOWER, P.S. DULIAJAN, DIST. DIBRUGARH, ASSAM, PIN-786001

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VERSUS

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1:GAURI SHANKAR SAIKIA AND ANR.

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S/O LT. BIMAL CHUTIA, R/O NTPS (APCCL), P.O. NAMRUP, P.S. NTPS, NAMRUP, DIST. DIBRUGARH, PIN-786622

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2:THE STATE OF ASSAM REP. BY THE PP ASSA

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Advocate for the Petitioner : MR N N UPADHYAYA

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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23-10-2019.

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Heard Mr. N. N. Upadhyaya, learned counsel for the petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State/respondent No.2.

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Petitioner Smt. Bijumoni Nath has been arrayed as an accused in C.R. Case No.31^C /2014, u/s.138 of the N.I. Act and although she appeared before the trial Court after institution of the case in the year

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2014-15 onwards but on certain occasions she could not appear before the Court, initially due to her pregnancy and thereafter ailment of the new born child, etc. In the meantime, the learned trial Court has issued NBWA and PNA and finally filed the case on the basis of the report on PNA.

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The petitioner now however contended that she is ready to face the trial and her default in appearance is not intentional but due to under compelling circumstances. She is apprehensive of arrest in view of the issuance of the NBWA, which is still pending.

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Considered the submission so made and also the various orders passed by the learned trial Court. Being annoyed with the repeated absence of the petitioner, the learned trial Court has rejected the petition filed for and on behalf of the accused/petitioner and issued the NBWA on 22.05.2018 and subsequently filed the case on 06.04.2019, on the basis of the PNA report.

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It appears that no any illegality or impropriety is caused by the order passed by the learned trial Court to interfere into the matter. But however considering the undertaking given by the accused/petitioner that she is ready to face the trial regularly, the present petition stands disposed of at the motion stage itself with the direction to the petitioner to appear before the trial Court with a proper application assigning reasons for her absence with a prayer for bail and the learned trial Court will consider and dispose of the same in accordance with law.

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Accordingly the petitioner will appear before the learned trial Court on or before 30.11.2019.

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Till then, the execution of the standing NBWA, issued against the present petitioner is hereby stayed.

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JUDGE

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Comparing Assistant

Bijumoni Nath v. Gauri Shankar Saikia and Anr.

Case brief

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Bijumoni Nath v. Gauri Shankar Saikia and Anr.

Case brief

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