Trans Virtual Private Limited v. The State of Assam and Anr

ORDER

16.07.2024

¶1Heard learned counsel Mr. S. P. Das for the petitioner Biswajit Hazarika representing Trans Virtual Private Limited. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶2Learned Additional Public Prosecutor has accepted notice on behalf of respondent No. 1 and thus no formal notice is required to be issued.

¶3It is submitted on behalf of the petitioner that an ex-parte order may be passed without issuing notice to respondent no. 2 as this matter is of urgent nature. The original case is registered as CR Case No. 3419/2019 under Section 138 of the N.I. Act.

¶4It is further submitted that vide order dated 17.05.2024, the next date was fixed by the learned Magistrate on 03.10.2024 which will procrastinate this case. The petitioner will be highly prejudiced if this matter is deferred to a much later date.

¶5I have considered the submissions at the Bar with circumspection. Vide order dated 17.05.2024, the next date is fixed on the distant month of October, and thus an order to prepone the date can be passed for judicious and expeditious disposal of the case.

¶6The Trial Court is hereby directed to prepone the next date and fix a proper date within the month of August.

¶7In terms of the above observations, petition is disposed of. Page No.# 3/3 JUDGE Comparing Assistant

Page No.# 1/3 GAHC010131052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./780/2024 TRANS VIRTUAL PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, SRI BISWAJIT HAZARIKA HAVING PRINCIPAL OFFICE AT 1ST FLOOR, GOLDEN WOODS, R.G. BARUAH ROAD, SUNDARPUR, P.O. AND P.S.-DISPUR, GUWAHATI-6 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:DR LAL CHAND JOSHI S/O KEDARNATH JOSHI R/O SARASWATI VIHAR GURUGRAM GATE NO. 1 P.S.-GURUGRAM HARYANA INDIA PIN-122002 ALSO R/O 861 SARASWATI VIHAR NEAR M.G. ROAD METRO STATION VEER SAVARKAR BLOCK P.S.- GURUGRAM DIST- GURGAON HARYANA PIN-12200 Advocate for the Petitioner : MR S P DAS Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND