Gauhati High Court
M/S. Neha Plywood And Anr vs M/S. Assam Timber Product Pvt. Ltd. And ... on 20 March, 2019
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GAHC010062182019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 312/2019
1:M/S. NEHA PLYWOOD AND ANR.
SITUATED AT SARABHATI CHARIALI, A.K.AZAD ROAD, GUWAHATI
781008, DIST.-KAMRUP (M), ASSAM
2: KAMAKHYA SINGH
S/O LT. SANTILAL SINGH
PROPRIETOR
M/S NEHA PLYWOOD
R/O BY LANE NO. 8
SANKARPUR
NEAR PANI TANKY
BIRUBARI
GUWAHATI-781007
DIST.-KAMRUP (M)
ASSA
VERSUS
1:M/S. ASSAM TIMBER PRODUCT PVT. LTD. AND ANR.
NO. 11/1, SARAT BOSE ROAD, IDEAL PLAZA, NORTH WING-N-312, 3RD
FLOOR, KOLKATA-700020
2:THE STATE OF ASSAM
REP. BY THE PP
ASSA
Advocate for the Petitioner : MR. P K ROYCHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
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ORDER
Date : 20-03-2019 Heard Mr. P.K. Roy Choudhury, learned Counsel appearing for the petitioners. The petitioner is aggrieved by the order dated 26.02.2019 passed bys the learned Judicial Magistrate, 1st Class, Kamrup (M) in CR Case No. 2694/2018.
The petitioners are accused in the aforementioned criminal proceeding under Section 138 of the NI Act. On 26.02.2019 an application was filed on behalf of the petitioners under Section 205 Cr.P.C.praying for dispensing with the personal appearance of the petitioners which was rejected by the learned trial Court. While rejecting such application for dispensing with the personal appearance, learned trial Court also issued bailable warrant of Rs. 5,000/- against the petitioner. It is submitted by the learned counsel Mr. Choudhury that the petitioner No. 2 is an ailing person and therefore he applied for dispensing with personal appearance. It is also submitted by the learned counsel that the petitioner is ready and willing to pay the cheque amount and to compromise the matter and therefore he may be allowed to appear before the trial Court and take necessary steps for compounding the case.
In view of above, let notice be issued to the respondent by registered post with A/D as well as usual process returnable within 7 days. Petitioner shall take steps accordingly.
However, having considered the submission of the learned counsel regarding health issue, the petitioners are given liberty to appear before the learned trial Court on 20.04.2019 for compounding the case.
Till then, the warrant of arrest issued against the petitioners shall be kept in abeyance.
JUDGE Comparing Assistant