Khagen Kalita vs Rajib Choudhury
2021 Latest Caselaw 1961 Gua

                                                                 Page No.# 1/2

GAHC010079802021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./179/2021

              KHAGEN KALITA
              SON OF LATE MERO RAM KALITA
              R/O ALOKPUR, NALBARI TOWN,
              WARD NO. 10,
              P.O. MILANPUR, P.S. NALBARI,
              PIN-781337
              DIST. NALBARI, ASSAM.


              VERSUS

              RAJIB CHOUDHURY
              SON OF JAMIRUDDIN AHMED
              R/O VILL- GARBHITOR
              P.O. NIZ DHAMDHAMA, P.S. BARAMA
              DIST. BAKSA, BTAD, ASSAM
              PIN-781349



Advocate for the Petitioner   : MR D J HALOI

Advocate for the Respondent :




                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                          ORDER

24.08.2021.

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By way of this application file under Section 401/482 of the CrPC, the petitioner who was the complainant in the original N.I. Case No.62/2017, under Section 138 of the N.I. Act, has challenged the order of the learned Appellate Court, in Criminal Appeal No.29/2019, whereby the learned Sessions Judge, Nalbari, set aside and quashed the judgment passed by the learned trial Court and has acquitted the respondent.

Heard the submission of learned counsel for the petitioner.

The revision is admitted for hearing.

Issue notice to the sole respondent by Regd. Post with A/D as well as by usual process, returnable in four weeks.

Call for the LCRs from both the forum.

In the interim, it is directed that the direction of the learned Appellate Court, so far as regards the return of 20% deposited money to the respondent, is hereby stayed until further order.

JUDGE

Comparing Assistant