Disposed

Karnendu Dhar v. the State of Assam and Anr.

Gauhati HC10 Jan 2019Crl.Pet./24/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a criminal petition by the accused in a cheque bounce case, who feared arrest due to outstanding non-bailable warrants. The Court directed the accused to appear before the trial magistrate by 25.01.2019 to seek recall of warrants and bail.

What did the court decide?

Directing the petitioner to appear before the trial magistrate by 25.01.2019 to seek recall of warrants and bail; orders of NBWA and P&A not to be executed until the said date.

Karnendu Dhar Vs the State of Assam and Anr. — Cheque Dishonour | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010004972019

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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. 24/2019

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1:KARNENDU DHAR

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W/O- KIRENDRA DHAR, R/O- VILL- BAHADURPUR, P.O. AND P.S. NILAMBAZAR, DIST- KARIMGANJ, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM

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2:NIRUPOM DAS S/O- LT NIRMULENDU DAS R/O- SETTLEMENT ROAD P.O. SETTLEMENT ROAD P.S. AND DIST- KARIMGANJ ASSA

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 10-01-2019

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Heard Mr. H R Choudhury, learned counsel for the petitioner and Mr. N J Dutta, learned Additional Public Prosecutor, Assam appearing for the opposite party No. 1 State.

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The petitioner is an accused in C.R. Case No. 04/2015 under Section 138 of the NI Act that was preferred by the opposite party No. 2 and the proceeding of the same is presently pending before the learned Additional Chief Judicial Magistrate, Karimganj. The petitioner is aware of the said complaint case and on 17.03.2015, he entered appearance in the matter through his counsel and by filing petition sought for time for his appearance in the said case. But he did not appear personally in the said case before the learned Trial Magistrate at Karimganj and went on taking time by filing various petitions for his appearance. As such, the learned Trial Magistrate by his order dated 09.06.2015 issued order of Non-Bailable Warrant of Arrest (NBWA) against the petitioner for his appearance in the case and thereafter, passed several orders in the said C.R. Case No. 04/2015 issuing NBWAs for his appearance in the case. In spite of the same, the petitioner did not appear in the matter.

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It is contended by the petitioner that he was a Goldsmith and had a Jewellery shop at the heart of Karimganj town in the name of Rupayani Jewellery, but as he suffered loss in his said business, he along with his wife shifted outside the Karimganj district so as to maintain his livelihood for which he could not appear personally before the learned Trial Magistrate in said C.R. Case, though he made representation before the Court through his counsel.

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It is submitted that because of his such non-appearance, the learned Additional Chief Judicial Magistrate, Karimganj issued Non-Bailable Warrant of Arrests and Proclamation and Attachment (P&A) against him for his appearance in the case. It is stated that the petitioner is willing to appear before the learned Trial Magistrate and to contest the same as well as intends to face the trial, but because of the order of NBWAs and P&As issued against him in said C.R. Case No. 04/2015, he is of the apprehension that on his such appearance before the learned Trial Magistrate, he will be arrested and shall be detained in custody. Hence, this criminal petition.

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After hearing the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, Assam; this criminal petition is disposed of at the motion stage itself directing the petitioner, namely, Sri Karnendu Dhar, to appear before the learned Additional Chief Judicial

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Page No.# 3/3

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Magistrate, Karimganj in said C.R. Case No. 04/2015 on or before 25.01.2019 without fail.

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In the event of such appearance of the petitioner by 25.01.2019 before the learned Additional Chief Judicial Magistrate, Karimganj in said C.R. Case No. 04/2015 and on filing any such application for recalling the orders of NBWAs and P&As as well as application for his bail in said C.R. Case No. 04/2015, the said Trial Magistrate shall consider the same in accordance with law, securing the presence of the petitioner in said C.R. Case on its subsequent dates and during its trial.

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Enabling the petitioner, named above, to appear before the learned Additional Chief Judicial Magistrate, Karimganj in said C.R. Case No. 04/2015 on or before 25.01.2019, it is observed that the order of NBWAs and P&As issued against the petitioner, Sri Karnendu Dhar by the learned Additional Chief Judicial Magistrate, Karimganj in C.R. Case No. 04/2015 shall not be given effect till 25.01.2019.

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However, it is made clear that failure on the part of the said petitioner to appear before the learned Additional Chief Judicial Magistrate, Karimganj by 25.01.2019 in said C.R. Case No. 04/2015, the learned Trial Magistrate shall be at liberty to pass any such order as he deem fit and necessary securing the presence of the petitioner in said C.R. Case No. 04/2015.

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Moreover, it is also made clear that the appearance of the petitioner in said C.R. Case No. 04/2015 before the learned Additional Chief Judicial Magistrate, Karimganj shall not be extended beyond 25.01.2019 as the petitioner did not appear before the said learned Magistrate, Karimganj in said C.R. Case No. 04/2015 since 17.03.2015 in spite of the fact that the petitioner is fully aware of the said C.R. Case No. 04/2015, which is pending for disposal since last 2015.

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With the aforesaid observation and direction, this criminal petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Karnendu Dhar v. the State of Assam and Anr.

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Karnendu Dhar v. the State of Assam and Anr.

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