MANOJ KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this application filed under Sec. 482 CrPC, read with Sec. 401 CrPC, the petitioner has challenged the order dtd. 12/4/2021 and the subsequent orders, passed by the learned CJM, Nalbari, whereby NBWA has been issued in NI Act Case No. 119/2018, under Ss. 138 of the NI Act, 1881.

(2.) Heard the learned counsel for both the parties Learned counsel for the petitioner, referring to the documents annexed, has contended that the petitioner is facing the trial before the aforesaid Court and on the very first date of his appearance, as sought for, he was allowed to be represented by the learned engaged counsel and however, the Court directed for his physical appearance before the Court on 12/4/2021 and due to certain reasons, he could not appear before the Court, for which the Court issued NBWA against him. On the very day, a petition was also filed for and on his behalf, assigning the reasons for his absence with a prayer to allow him to be represented by the engaged counsel, but the same was rejected by the learned trial Court.

(3.) Now, the learned counsel for the petitioner submitted that the petitioner was neither a defaulter nor he intended to cause delay to the proceedings and on the very date of order as well as subsequent dates, due to his personal inconvenience as well as the situation under the pandemic of COVID-19, he could not appear before the learned trial Court. However, he is ready to face the trial regularly, but apprehensive of arrest.