Manash Jyoti Bhuyan vs Shriram Transport Finance ...
2021 Latest Caselaw 2484 Gua

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GAHC010167282021




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

                                Case No. : Crl.Rev.P./226/2021

            MANASH JYOTI BHUYAN
            S/O JOGENDRA BHUYAN, R/O GREENLAND APARTMENT, BLOCK NO. 1 E-
            2(2ND FLOOR), RUKMINIGAON, KHANAPARA, P.O. KHANAPARA, P.S.
            DISPUR, GUWAHATI 781022, KAMRUP (M)



            VERSUS

            SHRIRAM TRANSPORT FINANCE COMPANY LIMITED
            HAVING ITS BRANH OFFICE AT HIREN COMMERCIAL COMPLEX, 1ST
            FLOOR, BASISTHA CHARIALI, BELTOLA, GUWAHATI 781029, DIST.
            KAMRUP (M), ASSAM AND IS REPRESENTED BY ITS BRANCH MANAGER.



Advocate for the Petitioner   : MR D TALUKDAR

Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : --08.10.2021

Heard Mr. D. Talukdar, learned counsel for the petitioner. This petition under Sections 397 and 401 of the Code of Criminal Procedure is preferred against the judgment and order dated 06.05.2021 passed in Criminal Appeal No. 111/2018 by the learned Additional Sessions Judge No. 5, Kamrup, Guwahati. It is to be Page No.# 2/2

mentioned here that vide impugned judgment & order the learned Court below has upheld the judgment & Order dated 08.06.2018 passed by the learned Judicial Magistrate, First Class, Kamrup (M) in CR Case No. 2530c/2013 by which the petitioner is convicted under Section 138 N.I. Act and sentenced to undergo simple imprisonment for six months and also to pay compensation of a sum of Rs. 5.00,000/- in default, to undergo simple imprisonment for another 2 months.

The petition is admitted for hearing.

Call for the scanned copy of the record of the learned Court below.

In the interim, and in the interest of justice the impugned judgment & order passed by the learned Additional Sessions Judge No. 5, Kamrup, Guwahati in Criminal Appeal No. 111/2018 dated 06.05.2021 stands stayed.

Issue Notice returnable in 4 (four) weeks.

The petitioner to take step within a period of 1 (one) week from today by registered post with A/D and also by usual process.

Mr. D. Talukdar, the learned counsel for the petitioner has submitted that though a prayer has not been made by the petitioner yet, the petitioner may be allowed to remain in the previous bail.

The prayer is accordingly allowed.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant