Page No.# 1/2 GAHC010034522026 2026:GAU-AS:3667 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./264/2026 MS DIPALI KALITA D/O LATE GOBINDA KALITA R/O PENSION PARA CHANDMARI COLONY, BEHIND ASSAM TRIBUNE BUILDING, GUWAHATI-3, KAMRUP (M), ASSAM VERSUS JYOTSHNA MEDHI DEKA W/O SRI ADITYA DEKA HOUSE NO. 5, MILIJULI PATH, BASKAR NAGAR, MOTHER TERESA ROAD, DIST. KAMRUP (M), GUWAHATI-24. Advocate for the Petitioner : MR. S K TALUKDAR, K A SODIAL,MS. A DAS Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13-03-2026 Heard Mr. S K Talukdar, the learned counsel for the petitioner. 2. This is an application u/s 528 BNSS against the impugned order dated Page No.# 2/2 15.12.2025 passed by learned Appellate Court admitting the appeal which was filed against the order passed by learned Trial Court below in C.R. Case No. 1895C/2021 without following the mandatory requirement of Section 148 of N.I. Act which prescribes for deposition of atleast 20% of compensation or fine imposed by the Trail Court. 3. Vide Order dated 25.02.2026, the scanned copy of the TCR was called for and the proceeding in Criminal Appeal No. 117/2025 was also stayed. But, Mr. Talukdar at this stage submitted that he may be granted liberty to approach the learned Appellate Court with a fresh application for bail, seeking 20% of the compensation amount as per provision of Section 148 of the N.I. Act. He accordingly submitted that he does not want to press the criminal petition. However, he prayed for a direction to the learned Appellate Authority to dispose of the matter within a reasonable period. 4. Accordingly, the present petition is hereby closed. 5. The petitioner is at liberty to file fresh application for seeking 20% of the compensation as per provision of 148 of the N.I. Act on the next date of listing i.e. 17.03.2026 and in the same time, the learned Appellate Court shall dispose of the same application within a reasonable time preferably within 4/6 weeks. In view of this, the present petition stands closed. JUDGE Comparing Assistant