Page No.# 1/4 GAHC010221622024 2025:GAU-AS:16554 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1293/2024 CHANDAN DEKA S/O LATE UTTAM CHANDRA DEKA R/O HOUSE NO. 14, AMRIT NAGAR, BASISTHA, P.O. BELTOLA, P.S. BASISTHA, GUWAHATI-781029 DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI JAHANGIR ALI S/O HASARUDDIN SHEIKH R/O VILL- CHARUBABHITA P.O. RANIGANJ P.S. SAPATGRAM DIST. DHUBRI ASSA Advocate for the Petitioner : MR. M K SARMA, MRS. M. BARUAH BHUYAN,MR S DASGUPTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 02-12-2025 Heard learned counsel Mr. M.K. Sarma for petitioner Sri Chandan Deka, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanita, 2023 with prayer for quashing the orders dated 06.05.2024, 21.06.2024, 26.07.2024 and 09.09.2024 passed by the learned Additional Chief Judicial Magistrate, Dhubri in C.R. Case No. 1902/2021. 2. Heard learned Additional Public Prosecutor Mr. R.R. Kaushik for the respondent State. 3. This petition is disposed of without issuing notice to the respondent No. 2 i.e. the complainant, Sri Jahangir Ali. 4. It is submitted on behalf of the petitioner that 26 cases under the Negotiable Instruments Act, 1881 (NI Act for short) has been filed against the petitioner by Raisuiddin Ahmed and his co-conspirators including the present respondent No. 2 at Bilasipara and Dhubri. Amongst the conspirators, some of them filed complaint case at Bilasipara and in the said proceeding the petitioner has regularly cooperated with the trial. 5. In the instant case, only on one date when the petitioner was absent, the impugned order was passed. 6. It is submitted that the cross-examination of PW-1 has been dispensed with. It is submitted that the petitioner shall be highly prejudiced if he is not Page No.# 3/4 allowed to cross-examine the PW-1 as false allegation has been leveled against him and he will suffer immensely and this will result in irreparable loss. 7. It is further submitted that his sister-in-law was suffering from cancer and it is the reason why he was not present on 06.05.2024. Medical documents are annexed along with the additional affidavit dated 02.12.2025 which clearly reflects that his sister-in-law Anita Sarma was suffering from cancer and she was under treatment in the Department of Radiology, Apollo Speciality Hospital. 8. It is submitted that his sister-in-law finally succumbed as a result of her ailment. 9. The impugned order is marked as Annexure-D of the petition. It is discernible that the petitioner has indeed procrastinated the case but on the principle that the accused is to be heard, it appears that an order to cross- examine PW-1 may be passed. 10. I have considered the submissions that there are 26 (Twenty Six) other proceedings in which the petitioner has cooperated and has appeared regularly. I have also scrutinized the orders passed by the Trial Court marked as Annexure-P-1 of the additional affidavit, which includes the orders dated 06.05.2024, 06.06.2024, 21.06.2024, 09.09.2024, 23.10.2024, 12.12.2024, 21.02.2025, 08.05.2025, 03.06.2025, 23.07.2025 and 26.09.2025 and the earlier orders marked as Annexure-B, dated 20.11.2021, 12.01.2022, 15.02.2022, 29.03.2022, 23.05.2022, 05.07.2022, 08.08.2022, 12.10.2022, 19.11.2022, 15.02.2023, 04.05.2023, 05.07.2023, 15.09.2023, 18.11.2023 and subsequent orders wherefrom it could be deciphered that the case has been Page No.# 4/4 procrastinated by the petitioner, but as the accused is not to be prejudiced, I deem it appropriate to allow the petitioner to cross-examine only the PW-1. 11. Thereby, the order dated 06.05.2024 passed in C.R. Case No. 1902/2021 by the learned Additional Chief Judicial Magistrate, Dhubri is set aside and the learned Trial Court is to allow the petitioner/accused to cross-examine only PW- 1. 12. It is also noted that this case is fixed for statement/defence and argument but for the interest of justice, the prayer of the petitioner to cross-examine PW- 1 is allowed. 13. Trial Court to make every endeavour to conclude the examination of PW-1 expeditiously. 14. Petition is disposed of accordingly with a cost of Rs.2000/- (Rupees Two Thousand) to be paid to the respondent No. 2 JUDGE Comparing Assistant