Manoj Kumar Sarma vs The State Of Assam And Anr on 16 December, 2021

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Gauhati High Court

Manoj Kumar Sarma vs The State Of Assam And Anr on 16 December, 2021

Bench: Rumi Kumari Phukan

                                                                       Page No.# 1/2

GAHC010214322021




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

                                Case No. : Crl.Rev.P./285/2021

             MANOJ KUMAR SARMA
             SON OF LATE SATISH CHANDRA DEV SARMA, BY RELIGION- HINDU, R/O
             VILL- VIP ROAD, CHACHAL, P.S. DISPUR, GUWAHATI-781022,
             DIST. KAMRUP (METRO), ASSAM



             VERSUS

             THE STATE OF ASSAM AND ANR
             REP. BY THE PP, GOVT. OF ASSAM

             2:MR NAJRUL ALI
              S/O MR NACHED ALI
             R/O KATPUHA
             P.O. KARIA
              PIN CODE- 781307
             P.S. NALBARI
             ASSA

Advocate for the Petitioner   : MR. K K DEKA

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

16.12.2021 By way of this application filed under Section 482 CrPC, read with Section 401 Page No.# 2/2 CrPC, the petitioner has challenged the order dated 12.04.2021 and the subsequent orders, passed by the learned CJM, Nalbari, whereby NBWA has been issued in NI Act Case No. 120/2018, under Sections 138 of the NI Act, 1881.

Heard the learned counsel for both the parties Learned counsel for the petitioner, referring to the documents annexed, has contended that the petitioner is facing the trial before the aforesaid Court and on the very first date of his appearance, as sought for, he was allowed to be represented by the learned engaged counsel and however, the Court directed for his physical appearance before the Court on 12.04.2021 and due to certain reasons, he could not appear before the Court, for which the Court issued NBWA against him. On the very day, a petition was also filed for and on his behalf, assigning the reasons for his absence with a prayer to allow him to be represented by the engaged counsel, but the same was rejected by the learned trial Court.

Now, the learned counsel for the petitioner submitted that the petitioner was neither a defaulter nor he intended to cause delay to the proceedings and on the very date of order as well as subsequent dates, due to his personal inconvenience as well as the situation under the pandemic of COVID-19, he could not appear before the learned trial Court. However, he is ready to face the trial regularly, but apprehensive of arrest.

Having regard to the submissions so made and the undertaking that he is ready to face the trial regularly, the criminal revision petition stands disposed of with a direction to the petitioner to appear before the learned trial Court on the next date, i.e., 21.12.2021, with an appropriate application and the learned trial Court will consider and dispose of the same in accordance with law.

Till his appearance, the execution of warrant of arrest shall remain stayed.

JUDGE Comparing Assistant

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