Page No.# 1/4 GAHC010020932026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./52/2026 SRI RABIN KALITA SON OF LATE RAJANI KANTA KALITA R/O HOUSE NO. 32, SHANTIPUR MAIN BRANCH ROAD, P.O. AND P.S. BHARALUMUKH, DIST. KAMRUP (M), ASSAM, PIN-781009. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI ASHIM DEKA SON OF MANU RAM DEKA R/O HOUSEN O.17 NAR NARAYAN PATH WEST- DURGASAROBAR KAMAKHYA GATE GUWAHATI-09 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR D SARMA, Advocate for the Respondent : PP, ASSAM, MS. L RONGPIPI (R-2),MR. JITENDRA DAS (R- 2),MR. SAILENDRA DEKA (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 03.09.2026 Heard Mr. D. Sarma, learned Counsel for the petitioner and Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Also heard Mr. J. Das, learned Counsel appearing on behalf of respondent no.2. 2. By this application filed under Section 442 R/W Section 438 of the BNSS, 2023, the petitioner has challenged the order dated 07.01.2026 passed in Complaint Case No. 5241/2018, by which the Court of Judicial Magistrate First Class, Kamrup at Guwahati had refused to entertain the application for production of defence witnesses and closed the DW evidence and fixed the case for argument. 3. The case of the petitioner is that he is the accused person in the N.I. Case filed under Section 138 of N.I. Act and that the trial was going on. He submits that examination of prosecution witnesses were over and that the case was fixed for defence witnesses. However, the petitioner submits that he is 66 years of years and is suffering from various ailments, one of them being high blood pressure, he as such could not appear on few dates fixed in the said trial. He further submits that on 15.12.2025, he had made an application before the Court of Judicial Magistrate First Class, Kamrup(M) stating that he is under complete bed rest and that he could not appear on the said date fixed by the Court and prayed for another date for production of the defence witnesses. The petitioner had also annexed the medical certificate along with the said application. The learned Court of Judicial Magistrate First Class, Kamrup(M) vide order dated 15.12.2025 had taken note of the medical documents submitted by the petitioner and the prayer of the petitioner was allowed. However, the Page No.# 3/4 petitioner was given the final opportunity to remain present on the next date fixed with the further observation that if the petitioner does not appear, the Court will proceed as per law and the next date was fixed on 07.01.2026. The petitioner further submits that on 07.01.2026, the petitioner has filed yet another application stating inter alia that he is again in complete bed rest for his diseases and prayed for another date for the defence witness. However, the learned Trial Court vide order dated 07.01.2026 rejected the said application and held that the case was fixed for defence witnesses and that the same has been pending for long, due to the said reason. It was also reflected in the order that by order dated 15.10.2025, a cost was imposed upon the accused person and the petitioner was given the opportunity to adduce his evidence on 07.01.2026 but it is held that the petitioner had not only failed to pay the cost to the complainant but also had failed to adduce the defence evidence. 4. As such, the learned Court of Judicial Magistrate First Class, Kamrup(M) closed the defence witness evidence and proceeded in the case. The learned Court had fixed the case for argument on 04.02.2026. It is this order that the petitioner has challenged on the ground that the petitioner was suffering and that he could not appear before the Court. 5. The learned Counsel for the petitioner submits that each time application was filed due to ailment suffered by the petitioner and the same were rejected. 6. Mr. J. Das, learned Counsel for respondent no.2, however stated that the said ground of ailment has been taken by the petitioner on a number of occasions and a number of opportunities was given to him to adduce evidence but the same was not done and the petitioner has been delaying the disposal of the case. 7. I have heard the Counsels and also have gone through the records. It is Page No.# 4/4 noticed that the petitioner had absented himself on a number of occasions since the commencement of the trial and on 15.10.2025, the Court of Judicial Magistrate First Class, Guwahati had imposed a cost of Rs. 1000/- to be paid to the complainant and a final opportunity was given to the petitioner to adduce his defence witness on the next date and the next date was fixed on 15.12.2025 but on 15.12.2025, the petitioner had again filed an application showing his ailment and prayed for a date, which was allowed by the Court of Judicial Magistrate First Class and a subsequent date was fixed i.e. on 07.01.2026. 8. The learned Court although had given the final opportunity vide order dated 15.10.2025 but for the ends of justice allowed the application of the petitioner and fixed the case on a subsequent date. However, on the subsequent date too, the petitioner has filed an application showing his ailment and the Court had refused to entertain the same. No infirmity is seen in the order of the Judicial Magistrate First Class, Guwahati, but for the ends of justice, one last opportunity be given to the petitioner to adduce his defence witness. 9. As such, it is directed that the learned Court of Judicial Magistrate First Class, Kamrup will allow the petitioner to adduce defence witness on the next date i.e. on 05.11.2026 and if the petitioner fails to adduce the same on the said date, necessary orders should be passed by the said Court. 10. With the following observations, the petition is disposed of. JUDGE Comparing Assistant