Page No.# 1/3 vs Sushmita Sarkar
2025 Latest Caselaw 6396 Gua

Gauhati High Court

Page No.# 1/3 vs Sushmita Sarkar on 27 August, 2025

                                                                        Page No.# 1/3

GAHC010187912025




                                                                  2025:GAU-AS:11441

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

                                  Case No. : Crl.Pet./1033/2025

            SAIFUL AHMED
            SON OF FOKHORUDDIN ALI AHMED
            PERMANENT RESIDENT OF VILL- BORTALOWA, PO.O. DHALIGAON, P.S.
            KALJALGAON, DIST. CHIRANG (BTAD), ASSAM, PN-783385



            VERSUS

            SUSHMITA SARKAR
            SON OF LATE RUSTAM ALI AHMED
            RESIDENT OF VILL- DHALIGAON BAZAR,
            P.O. DHALIGAON, P.S. DHALIGAON AND DIST. CHIRANG, BTAD, ASSAM,
            PIN-783385.

            (POWER OF ATTORNEY HOLDER OF SIMA SARKAR, RESIDENT OF VILL-
            DHALIGAON BAZAR, P.O. DHALIGAON, P.S. DHALIGAON AND DIST.
            CHIRANG (BTAD), ASSAM, PIN-783385)



Advocate for the Petitioner   : MR. S S A RAHMAN, MS G SARMAH,MS. P MAHERSI,MS B H
SHIRIN

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                            ORDER

Date : 27-08-2025 Page No.# 2/3

Heard Mr. S.S.A. Rahman, the learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of State respondent.

2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside as well as quashing of the N.I.C.R. Case No. 11/2022 under Section 138 of the Negotiable Instrument Act, 1881.

3. It is submitted by Mr. Rahman, the learned counsel for the petitioner that the present case is not maintainable in its present form and the cheque in question was issued in favor of one Sima Sarkar and not in favour of Sushmita Sarkar who instituted an N.I. complaint before the learned Court of CJM, Chirang.

4. Mr. Rahman further submitted that this is a case of civil in nature wherein the money receipt is also issued by the accused/petitioner and the loan agreement was also executed accordingly. Further, he submitted that the party may approach the civil forum for appropriate relief and there cannot be a case under the N.I. Act.

5. Hearing the submissions made by learned counsel for both sides, I have also perused the case record and the Annexures filed along with the petition. It is seen that on 10.07.2025, an order was passed by learned SDJM, Chirang wherefrom it is seen that a case was already fixed for judgment on 25.06.2025. But, only for the absence of the accused on medical grounds, the case was adjourned. It also reveals that on 2/3 occasions, the accused/petitioner was directed to appear before the learned Trial Court below physically with the original medical documents. And accordingly, to ascertain this medical grounds Page No.# 3/3

and the authenticity of the medical documents, the Medical Officer is called for examination fixing 05.08.2025. But, it seems that the case is at the stage of judgment and the present petition is filed only at the stage of judgment, which cannot be considered at this stage.

6. In view of this, I do not find any ground to entertain the petition at this stage and accordingly the same stands rejected.

7. The criminal petition stands disposed of.

JUDGE

Comparing Assistant