Page No.# 1/4 GAHC010148002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./854/2024 HARIPRIYA BAISHYA AND ANR W/O LATE BISHNU RAM BAISHYA R/O VILL- CHIRING CHAPORI P.O. CHIRING CHAPORI P.S. DIBRUGARH, DIST. DIBRUGARH, ASSAM, PIN-786001 2: PALASH MONI BAISHYA S/O LATE BISHNU RAM BAISHYA R/O VILL- CHIRING CHAPORI P.O. CHIRING CHAPORI P.S. DIBRUGARH DIST. DIBRUGARH ASSAM PIN-78600 VERSUS DINA TALUKDAR S/O LATE ANANTA TALUKDAR R/O M/S SHABA EMPORIUM SUALKUCHI, NAPARA, P.S. SUALKUCHI, DIST. KAMRUP, ASSAM PIN-781103 PHONE NO.6000484483 Advocate for the Petitioner : MR M KALITA, MR. S H SAIKIA Advocate for the Respondent : MR. N UDDIN, MR. S K CHHETRY Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-01-2025 Heard Mr. S.H. Saikia, the learned counsel for the petitioners and also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 Cr.PC read with Sections 397/401 Cr.PC for quashing the complaint case registered dated 15.09.2023 vide C.R.(N.I) Case No. 31/2023 and setting aside the order dated 11.10.2023 when summons were issued to the petitioners/accused persons by the learned Judicial Magistrate First Class, Kamrup at Hajo. 3. The scanned copy of the LCR has already been received. Perused the same. Heard both sides. 4. It is submitted by Mr. Saikia, the learned counsel for the petitioner that the present respondent had initiated a complaint (N.I. Case No. 31 of 2023) on 15.09.2023 u/s 138 N.I. Act against the present-petitioners claiming cheques amount as two cheques dated 15.06.2023 were dishonoured due to closure of account which was in the name of Bishnuram Baishya who already expired on 19.11.2022. However, at the time of issuing the legal notice it has been clearly mentioned that the deceased issued a cheque of Rs. 44,500/- of BOB vide No. 295627 and another cheque amounting to Rs. 40,000/- of PNB vide No. 719872 which otherwise establishes that the cheques in question were not issued by the present petitioners. Page No.# 3/4 5. However, it is submitted that the two cheques in question were allegedly issued on 15.06.2023 after expiry of the account holder Bishnuram Baishya who admittedly died on 19.11.2022. Further Mr. Saikia submitted that before presentation of the cheque, the legal notices were issued against the present petitioners, who are admittedly not the account holder nor they issued those two cheques in question were issued. Further Mr. Saikia submitted that the demand notice was also not issued against the present petitioners and without observing all these formalities complaint was lodged and without considering these aspects of the case the cognizance was taken by the learned Trial Court below and summonses were issued accordingly. However, after receiving the summonses the petitioners appeared before the learned Trial Court below with a petition for their discharge but vide order dated 09.04.2024 passed in N.I. Case No. 31 of 2023, the prayer was rejected and hence the present petitioners are before this Court with the present petition for quashing the entire criminal proceeding which is registered as N.I. Case No. 31/2023. He further submitted that the said complaint of the N.I. case is not at all maintainable against the present petitioners, that too the cheques in question were issued only on 15.06.2023 i.e. after expiry of the said Bishnuram Baishya on 19.11.2022. 6. Mr. Chetri, the learned counsel for the petitioners admitted the fact that the cheques were shown to be issued on 15.06.2023 after expiry of the account holder on 19.11.2022 and he also admitted that the present petitioners are not the account holder but the legal heirs of the said deceased person. Accordingly, admitted that the petition in the present form is not maintainable. 7. Thus, considering the entire facts and circumstances of the case and especially considering the fact that the cheques were shown to be issued on 15.06.2023 in the name of one deceased person who admittedly died on Page No.# 4/4 19.11.2022, more so, it is seen that the formalities were also not observed before instituting the complaint against the present petitioners, accordingly, I find that it is a fit case wherein the entire complaint case including the complaint may be set aside and quashed by invoking the power u/s 482 Cr.PC and accordingly the present petition stands allowed and the complaint case registered vide C.R.(N.I) Case No. 31/2023 is set aside and quashed along with the order dated 11.10.2023. 8. However, the respondent/complainant may approach the appropriate forum for recovery of the cheque amount, if any. 9. With the above observations, the criminal petition stands disposed of. JUDGE Comparing Assistant