Page No.# 1/3 GAHC010002292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./12/2025 NARAYAN DEBNATH S/O TAPAN DEBNATH, RESIDENT OF HOUSE NO. 12, 2ND FLOOR, BASHANTI ENCLAVE BYE LANE 7, SHREE BHUMI NAGAR, ADAGUDAM, LAL GANESH, GUWAHATI ASSAM 781034 VERSUS MAHARAM ALI AND 4 ORS S/O GOMAR ALI, HAVING ITS PLACE OF BUSINESS AT VIC PUNA, PO KHARUPETIA DARRANG, ASSAM 784115 2:DJ ARGO INDUSTRIAL PROJECT PVT. LTD. A PRIVATE INCORPORATED COMPANY REP. BY ITS MANAGING DIRECTOR SRI DIPJYOTI MAHANTA 1ST FLOOR 1 PURBASHREE BUILDING OPP. ASSAM TEXTILE INSTITUTE AMBARI KAMRUP M ASSAM 761025 3:SRI DIBJYOTI MAHANTA MANAGING DIRECTOR OF D J ARGO INDUSTRIAL PROJECT PVT. LTD. 1ST FLOOR 1 PURBASHREE BUILDING OPP. ASSAM TEXTILE INSTITUTE AMBARI KAMRUP M ASSAM 761025 4:SMTI. MILI MAHANTA Page No.# 2/3 DIRECTOR OF D J ARGO INDUSTRIAL PROJECT PVT. LTD. 1ST FLOOR 1 PURBASHREE BUILDING OPP. ASSAM TEXTILE INSTITUTE AMBARI KAMRUP M ASSAM 761025 5:SRI GUNESWAR DUTTA MANAGING DIRECTOR OF D J ARGO INDUSTRIAL PROJECT PVT. LTD. 1ST FLOOR 1 PURBASHREE BUILDING OPP. ASSAM TEXTILE INSTITUTE AMBARI KAMRUP M ASSAM 761025 6:THE STATE OF ASSAM REP. BY PP ASSA Advocate for the Petitioner : MR. P DEKA, MR R HOQUE,MR A DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.01.2025 Heard Mr. P Deka, learned counsel for the petitioner and Mr. M. Sahewalla, learned counsel for the respondent no. 2. This is an application filed under Section 528 of the BNSS, 2023 by the petitioner challenging the proceeding of NI Case No. 3070/2024 pending in the court of the learned Judicial Magistrate 1st Class No. 4, Kamrup (M), Guwahati. The respondent no. 1 filed the complaint case against the respondent nos. 2,3,4 and 5. The present petitioner, who’s name has been shown as the 5th accused in the complaint case, was working in the said company for some time. But, he was not a Director of the company aforesaid. The petitioner says that he has no connection with issue of the cheque by the company. Mr. Sahewalla has submitted that the name of the present petitioner Sri Narayan Debnath was unnecessarily mentioned in the complaint petitioner because he was never a Director of the said company. Page No.# 3/3 Further, Mr. Sahewalla has submitted that he has no objection if the criminal proceeding is quashed in respect of Sri Narayan Debnath. I have considered the submission made by the learned counsel of both sides. The proceeding of NI Case No. 3070/2024 pending in the court of the learned Judicial Magistrate 1st Class No. 4, Kamrup (M), Guwahati in respect of the present petitioner Sri Narayan Debnath is quashed and set aside. The orders taking cognizance of the offence against Sri Narayan Debnath aforesaid are also quashed. The criminal petition is disposed of. JUDGE Comparing Assistant