RAJIB KUMAR MOHOTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the petitioner as well as Mr. D. Das, learned Addl. P.P., Assam, appearing for the State/respondent No.1.

(2.) The petitioner herein namely Rajib Kumar Mohotta is facing trial pertaining to C.R. Case No.26C /2016, u/s.138 of the N.I. Act, pending before the Court of learned Judicial Magistrate 1st Class, Hajo and during the proceeding, due to ill health he could not appear before the Court on certain occasions and he used to file petitions for his absence before the Court. Lastly on 25.10.2019, he again could not appear before the Court and although a petition was filed on his behalf along with medical documents but the Court did not consider the same and issued warrant of arrest against him fixing 25.11.2019.

(3.) Now the present petition has been preferred to challenge the impugned order dated 25.10.2019, for rejection of the petition filed on his behalf on the ground that he has already submitted medical documents showing his ill health which also bears the date of issuing the documents from the Apollo Hospitals, dated 13.10.2019 but the learned Court has failed to appreciate the same. Moreover, it is also contended that the petitioner has already paid Rs.21,50,000/- as against the cheque amount of Rs.24,00,000/- and he is also ready to pay the remaining amount, however he could not pay due to some financial constraint.