Page No.# 1/2 GAHC010020492026 2026:GAU-AS:1672 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./157/2026 SRI DHANJIT MANDAL SON OF LATE SAMBHU MANDAL RESIDENT OF WARD NO 2 LECHUTOLA PO PS AND DIST BONGAIGAON ASSAM PIN 783380 WORKING AT RANI FOREST OFFICE KAMRUP ASSAM PIN 781131 VERSUS BIJIT KAR SON OF MANINDRA KAR RESIDENT OF VILL KHARIJA DOLAIGAON PART II PO AND PS BONGAIGAON DIST BONGAIGAON ASSAM PIN 783380 Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.02.2026 1. Heard Mr. B. J. Mukherjee, learned counsel for the petitioner. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of the order dated 03.05.2025, passed by the learned Chief Judicial Magistrate, Bongaigaon in NICR Case No.188/2023. 3. The petitioner has been facing trial before the Court below. He admitted that he had issued a cheque of Rs.30,000/- to the respondent. He alleges that his cheque Page No.# 2/2 of Rs.30,000/- was converted to a cheque of Rs.6,30,000/-. According to him, the respondent had put the figure ‘6’ (six) before the amount of Rs.30,000/-. Therefore, he had prayed before the Court below to send the cheque to a handwriting expert to ascertain the handwriting. The trial Court refused the prayer of the petitioner vide an order dated 03.05.2025. 4. I have gone through the impugned order. 5. This Court is of the opinion that the Trial Court erroneously oriented itself and arrived at an incorrect finding. 6. Therefore, the order dated 03.05.2025, passed by the learned Chief Judicial Magistrate, Bongaigaon in NICR Case No.188/2023 to that effect is set aside. 7. The trial Court is directed to send the cheque to a Forensic expert to ascertain the hand writing of the figure ‘6’ (six) appeared in the cheque and after that the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 8. With the aforesaid direction, Criminal Petition stands disposed of. JUDGE Comparing Assistant