Page No.# 1/3 GAHC010009722026 2026:GAU-AS:1025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/4/2026 FOKHORUDDIN ALI AHMED S/O. LATE INTAZUDDIN AHMED, PERMANENT RESIDENT OF VILLAGE WARD NO. 2, BORTALOWA, P.O. DHALIGAON, P.S. KAJALGAON, CHIRANG, PIN 783385, ASSAM, AND PRESENTLY RESIDING AT FLAT 1C, EUREKA ASHIYANA, BISHNU RABHA PATH, BELTOLA, P.S. BASISTHA, GUWAHATI- 781028, KAMRUP (M), ASSAM VERSUS AKBAR ALI SON OF LATE MOHAMMAD ALI RESIDENT OF VILLAGE BORTALOWA, P.O- DHALIGAON, P.S. KAJOLGAON, IN THE DISTRICT OF BONGAIGAON, ASSAM, PIN 783385. Advocate for the Petitioner : MR. S S S RAHMAN, MR. M R SODIAL,MS G SARMAH,MR. S S A RAHMAN,MS. P MAHERSI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 29.01.2026 Heard Mr. S.S.A. Rahman, learned counsel for the petitioner. Page No.# 2/3 2. Mr. Rahman, learned counsel for the petitioner has submitted that the facts and circumstances of this transfer petition are similar to the facts and circumstances obtaining in Transfer Petition [Criminal] no. 01/2026 & Transfer Petition [Criminal] no. 02/2026 which have already been disposed of by Judgments, dated 27.01.2026. Mr. Rahman has further submitted that the observations made in the Judgments, dated 27.01.2026 would be applicable in the present transfer petition also. 3. The present petitioner was also the petitioner in Transfer Petition [Criminal] no. 01/2026 & Transfer Petition [Criminal] no. 02/2026 and the proceedings in respect of which the petitioner sought transfer pertained to complaint cases instituted alleging commission of the offence under Section 138 of the Negotiable Instruments Act, 1881, as amended, as like in the present petition. 4. While declining the prayer for transfer the cases in exercise of powers under Section 447 of BNSS, 2023, this Court in the Judgments, dated 27.01.2026 passed in Transfer Petition [Criminal] no. 01/2026 & Transfer Petition [Criminal] no. 02/2026 has observed as under :- 17. It is always available to the petitioner to seek exemption from personal appearance and to appear in the proceedings also through electronic mode. As per Section 530, BNSS, all trials, inquiries and proceedings under the BNSS including examination of complainant and witnesses can also to be held by electronic mode, by use of electronic communication or use of audio-video electronic means. The Gauhati High Court in order to avoid delay in judicial proceedings due to non- availability of parties, advocates, witnesses and accused physically, has framed ‘the Gauhati High Court use of Electronic Communication and Audio-Video Electronic Means Rules [Nyaya Shruti], 2025’ to formalize and enable use of electronic communication and other audio-video electronic means for the purpose of conducting trial, inquiry and proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023. 18. On a query made by this Court to the learned counsel for the petitioner, Mr. Page No.# 3/3 Rahman has submitted that the petitioner has neither preferred any application seeking exemption from personal appearance nor to permit him to appear through audio-video mode, before the Trial Court till date. In such view of the matter, liberty stands reserved to the petitioner to prefer an application either to seek exemption from personal appearance or to appear through audio-video modes etc. during the proceedings of the two complaint case, save and except on the dates where his personal appearance is necessary, for the Trial Court’s consideration of such applications on merits and in accordance with law. 5. As the present transfer petition is wholly covered by the Judgments, dated 27.01.2026, this transfer petition is dismissed, with the same liberty as reserved in paragraph 17 and paragraph 18 of Transfer Petition [Criminal] no. 01/2026 & Transfer Petition [Criminal] no. 02/2026, quoted above. JUDGE Comparing Assistant