Gauhati High Court
Binapani Kalita vs Rakltim Tarpan Hazarika on 25 November, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010205002024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./471/2024
BINAPANI KALITA
W/O SRI NRIPEN KALITA
R/O GEETANAGAR, AMAR PATH, MOTHER TERESA ROAD,
P.O. ZOO ROAD,
P.S. GEETANAGAR, GUWAHATI-781024, DIST. KAMRUP (M), ASSAM, PH.
NO. 8471944947
VERSUS
RAKLTIM TARPAN HAZARIKA
S/O LATE KULADHAR HAZARIKA
R/O GEETANAGAR, AMAR PATH,
P.O. ZOO ROAD, P.S. GEETANAGAR, GUWAHATI-781024, DIST. KAMRUP
(M), ASSAM
Advocate for the Petitioner : MR P DAS, MR P PRAWAR,MR Y KOTHARI,MR. N KOTHARI
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 25.11.2024 Heard Mr. P.Das, learned counsel for the petitioner.
Page No.# 2/2 By filing this application under Section 438/442/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner has prayed for setting aside and quashing of the impugned judgment and order dated 30.11.2022 passed by the learned JMFC, Kamrup (M) in C.R.Case No.6561 C/2018 convicting the petitioner u/s 138 of the NI Act and sentenced to SI for 6 months and to pay fine of Rs.60,000/-. On appeal, the period of sentence was reduced to 2 months and the fine amount remained as same vide the impugned Judgment and order dated 31.07.2024 passed by the learned Addl.Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati in Criminal Appeal No. 92/2022.
Issue notice to the respondent.
Petitioner to take steps for service of notice on respondent by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 7 days.
Call for the trial court records pertaining to C.R.Case No.6561 C/2018. Registry to procure the records.
List after four weeks.
JUDGE Comparing Assistant