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Gauhati High Court · body

2016 DIGILAW 913 (GAU)

Kamaleswar Basumatary v. State of Assam & Anr.

2016-10-04

AJIT SINGH

body2016
In this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of Non-Bailable Warrant issued against him vide order dated 23.9.2016 passed by the Judicial Magistrate, 1st Class, Kamrup (M) in Complaint Case No. 6001/2008 (Mahindra & Mahindra Financial Services Ltd. v. Sri Kamaleswar Basumatary). Vide order dated 23.8.2016 the Judicial Magistrate, 1st Class, Kamrup (M) in Ref. Case No. C.R. 6001/2008 has convicted the petitioner under Section 138 of the Negotiable Instruments Act and sentenced him to simple imprisonment of six months and to pay compensation of Rs. 1,80,000/- to the complainant. The Magistrate, however, granted bail to the petitioner for a period of one month. Aggrieved with the conviction, the petitioner has preferred appeal before the Appellate Court along with an application for bail. But the appeal is barred by the prescribed period of limitation. In the result, notice has been issued to the complainant on the application for condonation of delay. And since the delay in preferring appeal has not yet been condoned and the next date of hearing on the application for condonation of delay is fixed for 6.12.2016, the petitioner could not produce the order of suspension of sentence before the Magistrate. In the result, the Trial Court, by the impugned order, has issued Non-Bailable Warrant against him. Since the Appellate Court has fixed the date for hearing on the application for condonation of delay on 6.12.2016 and the application for bail is still pending, I deem it proper to stay the execution of Non-Bailable Warrant issued against the petitioner vide order dated 23.9.2016 till 19.12.2016. With the above direction, the petition stands finally disposed of.