Page No.# 1/2 GAHC010034102026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/166/2026 SRI BHARAT CHETIA S/O SRI ARUN DAS R/O KOKORATOLI DOHUTIA CHUK P.S. AND DIST. TINSUKIA, ASSAM VERSUS SRI RITUPARNA DAS SON OF SRI ARUN DAS R/O KOKORATOLI DOHUTIA CHUK, P.S. AND DIST. TINSUKIA, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MR K J SAIKIA Advocate for the Respondent : MR GAURAV R DUTTA, MR A R BAROOAH,MR. D MAZUMDAR BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 12.03.2026 Heard Mr. K.J. Saikia, learned Counsel for the petitioner and Mr. G.R. Dutta, learned Counsel for the respondent. Mr. G.R. Dutta, learned Counsel for the respondent has submitted that 25 Page No.# 2/2 percent of the fine amount has been deposited before the Registry of the Hon’ble High Court and that a prayer is made by the counsel appearing for the petitioner to allow him to withdraw the amount from the Registry in view of Section 148(3) of the N.I. Act. It is further provided in the proviso appended to the said section that if the appellant is acquitted, the Court can direct the complainant to repay to the appellant, the amount so released with the interest attached thereto. In view of the same, the petitioner is allowed during the pendency of the appeal to withdraw the amount of Rs. 2,25,000/- deposited by the respondent as 25 percent of the fine amount. The said amount with the further condition that the petitioner would submit an indemnity bond to indemnify if the amount is taken wrongly. I.A. is disposed of. JUDGE Comparing Assistant