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2022 DIGILAW 166 (GAU)

Janata Rajkhowa v. Dharma Kanta Gogoi

2022-02-21

RUMI KUMARI PHUKAN

body2022
ORDER : 1. By way of this petition under Section 397/401 of the CrPC, the petitioner has challenged the order dated 08.03.2021 and the subsequent orders so passed till date, whereby non-bailable warrant of arrest (NBWA) was issued against her. 2. The accused petitioner is facing trial under Section 138 of the Negotiable Instrument (NI) Act before the learned SDJM, Nazira, Sivasagar in connection with in connection with Complaint Case No.23c/2017. 3. Heard the learned counsel for the petitioner and also the learned Addl. Public Prosecutor, Assam representing respondent no.2. 4. It is to be noticed that in connection with the aforesaid complaint case, non-bailable warrant of arrest has been issued since 08.03.2021 onwards. 5. Now, challenge has been made on the ground that due to the death of elder brother of the petitioner, she could not appear before the trial court and same was not apprised by the conducting counsel before the court, for which, the court has issued NBWA against her. However, it has been submitted that the petitioner is ready to face the trial. Other grounds that has been assigned in the present petition are that she fell down in the bathroom and was bed ridden, so much so, she was also suffering from COVID-19 and various other post COVID-19 physical complications, because of which she could not inform her status to the engaged counsel and she was under the impression that court will not pass any adverse order against her. 6. Gone through the documents that has been annexed and also considered the submission of the counsel for the parties. 7. The initial default of the petitioner started from 08.03.2021. On that day, there was no petition before the court that due to death of the petitioner's elder brother, she could not appear before the court. In fact, nobody was represented before the court so that the court can be apprised of the ground for nonappearance of the accused petitioner. That being so, there appears no any irregularity in the order so passed by the learned trial court. 8. However, it is submitted that the petitioner is ready to face the trial, the present petition stands disposed with a direction to the petitioner to appear before the learned trial court with an appropriate application within 15 days, in turn, the learned court will consider and decide the same in accordance with law.