Altaf Hussain vs Piar Abdul Khaleque And Anr
2024 Latest Caselaw 5571 Gua

Gauhati High Court

Altaf Hussain vs Piar Abdul Khaleque And Anr on 5 August, 2024

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                                   Page No.# 1/2

GAHC010030312023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : Crl.A./173/2023

            ALTAF HUSSAIN
            S/O ABDUL SAMAD, VILL AND P.O.- JANIA, DIST.- BARPETA, (ASSAM).



            VERSUS

            PIAR ABDUL KHALEQUE AND ANR.
            S/O LATE JOYMAHAL, VILL.- SALEKURA, P.O.- JANIA, DIST.- BARPETA,
            (ASSAM), PIN- 781314.

            2:THE STATE OF ASSAM
             REP. BY P.P.
            ASSAM

Advocate for the Petitioner   : MR K BHUYAN, MR. M U E BHUYAN

Advocate for the Respondent : H G DAISY, R BEGUM (R-1),MR A HAQUE (R-1),MR N ZAMAN
(R-1),MR. J AHMED (R-1),MR. R ISLAM (R-1)




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                            ORDER

05-08-2024 Heard Mr. K Bhuyan, learned counsel for the petitioner and Ms. A Hussain, learned counsel for the respondent No. 1. Also heard Mr. S Jahan, learned Additional Public Prosecutor, Assam for the State respondent No. 2.

A complaint petition of the petitioner filed under Section 138 of the NI Act, 1881 on Page No.# 2/2

31.08.2021 being NI Case No. 112/2021 was dismissed by the impugned judgment dated 29.12.2022 passed by the learned Sub-Divisional Judicial Magistrate, Barpeta on the ground that the complaint petitioner should have filed the said complaint on or before 14.08.2021 as per the provisions of the NI Act, but the complainant filed the said complaint petition only on 31.08.2021 beyond the period of 30 days prescribed under the said Act.

Being aggrieved with the said finding of the learned SDJM, Barpeta dated 29.12.2022, noted above, the petitioner filed this criminal petition.

Mr. Bhuyan, learned counsel for the petitioner relied on a decision of the Hon'ble Apex Court in the case of Cognizance for extension of limitation, In Re decided on 10.01.2022 reported in (2022) 3 SCC 117 , wherein it was held that - the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general of special laws in respect of all judicial or quasi-judicial proceedings and that all persons shall have a limitation period of 90 days from 01.03.2022 only in the event actual balance period of limitation remaining w.e.f. 01.03.2022 is greater than 90 days, that longer period shall apply, observing further that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the period prescribed under Sections 138 (b) and (c) of the NI Act, 1881 and any other laws which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the Court or Tribunal can condone delay) and termination of proceedings.

In view of the above, learned counsel representing the respondent No. 2 is allowed to make its submissions on the next date fixed.

List on 09.08.2024.

JUDGE

Comparing Assistant