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Gauhati High Court · body

2022 DIGILAW 950 (GAU)

Monalisa Choudhury v. Md. Ikramul Huda

2022-08-31

KALYAN RAI SURANA

body2022
ORDER : 1. Heard Mr. Z. Hussain, learned counsel for the petitioner and Mr. Bhaskar Sarma, learned Addl. Public Prosecutor appearing for the State-respondent no. 2. 2. By this application under Section 482 of the Cr.P.C., the petitioner has prayed for quashing of the proceedings of N.I. Case No. 45/2019 under Section 138 of the N.I. Act pending before the Court of Chief Judicial Magistrate, Nagaon, in so far as it relates to the present petitioner who is arrayed in the said proceedings as accused no.2. Issue notice, returnable on 26.09.2022. 3. No steps are required to be taken in respect of respondent no. 2 as State is represented by the learned Addl. Public Prosecutor. 4. The petitioner shall take steps within 2 (two) days for service of notice upon the respondent no.1 by registered post with A/D. In addition, the petitioner shall take usual steps through the jurisdictional Magistrate as per the Gauhati High Court Rules with suitable modification to the form. 5. The learned counsel for the petitioner has prayed for stay of the further proceedings of N.I. Case No. 45/2019, which is opposed by the learned APP. 6. In this regard, the learned counsel for the petitioner has submitted that the petitioner has applied for copies of the dishonored cheques but the same was not provided to her. It is also submitted that in the complaint petition, it is specifically stated that the cheques were issued by the accused no. 1. Hence, it is submitted that there is no allegation in the complaint petition that the present petitioner, who is the accused no. 2 in the said case was the drawer of any cheque which is dishonored. 7. It is also submitted that the petitioner had moved the learned trial Court for discharging her, but her prayer was refused by order dated 22.06.2022 passed by the learned Chief Judicial Magistrate, Nagaon. 8. As there is no specific statement in the complaint petition that any of the cheques was issued by the petitioner, who is accused no. 2 in the said complaint petition, this Court is inclined to stay the further proceedings of N.I. Case No. 45/2019, pending before the Court of learned Chief Judicial Magistrate, Nagaon insofar as the petitioner namely Dr. Monalisa Choudhury is concerned. 9. 2 in the said complaint petition, this Court is inclined to stay the further proceedings of N.I. Case No. 45/2019, pending before the Court of learned Chief Judicial Magistrate, Nagaon insofar as the petitioner namely Dr. Monalisa Choudhury is concerned. 9. It is clarified that there is no impediment for the learned trial Court to proceed with the trial against the accused no. 1 in the said complaint petition. 10. Having noted that the prayer for providing copy of the cheque to the petitioner vide petition dated 11.01.2021 has not been entertained, the Court is inclined to observe that the petitioner may be well advised about the relevant provision of the Criminal Court Rules and Orders, by which even uncertified copies of the trial Court record can be obtained. 11. Call for the scanned copy of the complaint petition along with all documents appended thereto as well as scanned copy of the initial deposition/written affidavit. 12. The Registry shall send the requisition through e-mail with liberty to the learned Chief Judicial Magistrate, Nagaon to send the same by email to be placed before the Court. List this matter on 26.09.2022.