GUWAHATI, India, June 3 -- Gauhati High Court issued the following order on May 3:
1. Heard Mr. R. S. Chauhan, learned counsel appearing for the applicant and Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam.
2) This application has been filed under Section 438/442 read with Section 528 of the BNSS, 2023 in respect of NI Case No. 179/2018, which was disposed of by delivering a judgment dated 10.01.2024 by the learned Chief Judicial Magistrate, Nalbari.
3) The petitioner allegedly borrowed an amount of Rs. 30,000/- from the husband of the complainant.
4) It was agreed that the present petitioner shall pay an interest @ 10% per month over the principal amount.
5) Mr. Chauhan has pointed out that in the cross examination of the complainant, it is admitted that her husband, who gave the money to the petitioner was a government servant, working as a chowkidaar in the PWD Department.
6) According to Mr. Chauhan, Rule 10 of the Assam Civil Services (Conduct) Rules, 1965 states that "No government servant shall lend or borrow money as principal or agent at interest or in a manner, where return in money or in kind is charged or paid."
7) I have considered the submissions made by Mr. Chauhan.
8) This Court is of the opinion that at this stage, the petitioner no longer deserves to be detained in custody.
9) He shall be released on bail of Rs. 20,000/-, with a surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Nalbari.
10) With the above observation, this I.A. stands disposed of.
Disclaimer: Curated by HT Syndication.
