M/S Lakhimi Finance And Lakhimi ... vs Saurabh Kumar Gogoi And Anr. (E)
2021 Latest Caselaw 3491 Gua

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GAHC010120822020




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

                                Case No. : Crl.Rev.P./104/2021

             M/S LAKHIMI FINANCE AND LAKHIMI ENTERPRISE
             Enterprise represented by Smti. Mamoni Saikia Dutta,Aged about 44 years,W/O-Sri
             Pradip Kumar Dutta,R/O-Jail Road,Jorhat,P.O./P.S.-Jorhat,Dist-Jorhat,Assam



             VERSUS

             SAURABH KUMAR GOGOI AND ANR. (E)
             S/O-Lt. Mohendra Nath Gogoi,R/O-Sastripith,Choladhara,P.O/P.S.-Jorhat,Dist-
             Jorhat,Assam,Pin-785001



Advocate for the Petitioner   : Mr. P.Kataki,Mrs. R.Begum,Mr. D.Kalita

Advocate for the Respondent :




                                          :: BEFORE ::
                  HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                           ORDER

15.12.2021

By way of this petition under Section 397 read with Section 401 CrPC, the petitioner has challenged the legality and validity of the judgment and order Page No.# 2/2

dated 19.09.2019 passed by the learned Addl. Sessions Judge, Jorhat in Criminal Appeal No.54 of 2018 whereby dismissing the appeal and confirming the judgment and order dated 13.07.2018 passed by the learned Addl. Chief Judicial Magistrate, Jorhat in CR (NI) Case No.244 of 2010 under Section 138 of Negotiable Instruments Act, 1881.

Heard the learned counsel for the petitioner and also the learned counsel representing the State respondents (respondent no.2).

Petition is admitted for hearing subject to payment of 25% of the compensation amount before the learned trial court within a period of 6(six) weeks from the date of passing of this order, and withdrawal of the same is subject to the permission of the court.

Let Notice be issued to the respondent no.1 by registered post with A/D and usual process, returnable by 6(six) weeks. Extra copy of the petition be furnished to respondent no.2.

Call for the L.C.R from both the forums.

List after the returnable date.

JUDGE

Comparing Assistant