L Jayananda Singh v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010165382024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1016/2024o LoJAYANANDAoSINGHo S/OoSRIoLAITONJAMoINAOoSINGHo R/OoKHURAIoKONSAMoLEIKAIo P.O.oLAMLONG,oP.S.oPOROMPATo IMPHALoEAST,oDISTRICT,oMANIPUR. VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:M/SoPRAGoINDIA oAoPARTNERSHIPoFIRMoHAVINGoITSoPRINCIPALoPLACEoOFoBUSINESSoATo218 oSHREEMANTAoMARKET oA.T.oROAD oP.O.oGUWAHATI-o781001 oDIST.oKAMRUPo(M) oASSAM oREPRESENTEDoBYoITSoAUTHORIZEDoREPRESENTATIVEoSRIoJATINDRAo KUMARoSINGHA oSONoOFoLATEoPAKAoSINGHA oPH.oNO.o9854008402o AdvocateoforotheoPetitionerooooo:oMRoSoDAS,oPoJoDAS,M.oTAPANoSHARMAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

21.08.2024

Heard the learned counsel Mr. S. Das appearing for the petitioner. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam.

¶2The is an application under Section 528 of the BNSS, 2023 praying for quashing the name of the present petitioner from N.I. Case No.6102 of 2023 pending in the court of learned JMFC, Kamrup(M) at Guwahati.

¶3The present petitioner issued cheques to the Respondent No.2 which were dishonoured by the Bank. The petitioner, a proprietorship firm had issued cheques on behalf of M/S. Prag India.

¶4Mr. S. Das has submitted that the father of the present petitioner is the proprietor of M/S. L.I. Steel and on the basis of an authority given by the father, the present petitioner issued those cheques. According to Mr. Das, the father of the present petitioner is liable for issuing cheques which were bounced and he was not made a party in the N.I. Case No.6102 of 2023.

¶5Mr. S. Das further submits that the petitioner has not taken this plea before the trial court.

¶6After hearing both sides, the present petitioner Sri L. Jayananda Singh is directed to approach the trial court for stating that his father is the proprietor of M/S. L.I. Steel and he should be impleaded in place of him (the present petitioner). Thereafter, the trial court shall decide the matter. Page No.# 3/3 With the aforesaid direction, the present criminal petition stands disposed of.

JUDGE Comparing Assistant