Smti. Kabita Sarma vs Chandradhar Haloi And Anr
2021 Latest Caselaw 2324 Gua

                                                                          Page No.# 1/2

GAHC010068442021




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

                                Case No. : Crl.Rev.P./129/2021

            SMTI. KABITA SARMA
            D/O MANORANJAN SARMA, R/O VILL- BARKURA, P.S. AND DIST-
            NALBARI, ASSAM



            VERSUS

            CHANDRADHAR HALOI AND ANR
            S/O LATE SARAT CH. HALOI, R/O VILL-KAKAYA, P.S.-BELSOR, DIST-
            NALBARI, ASSAM, PIN-781304

            2:STATE OF ASSAM
             (NOTICE THROUGH THE PUBLIC PROSECUTOR
            ASSAM

Advocate for the Petitioner   : MR. B DEKA

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 27.09.2021 Heard Mr. B. Deka, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam.

This is a revision petition filed by the petitioner, Smti. Kabita Page No.# 2/2

Sarma being aggrieved by the Judgment and Order dated 10.02.2021 passed by the learned Court of Sessions Judge, Nalbari, Assam in Criminal Appeal No. 22/2018. The learned counsel for the petitioner submits that from the facts of the case the complaint filed by the complainant against the alleged loan taken by the petitioner is admittedly time barred. This aspect of the matter was not be considered by the appellate court. Being aggrieved the present petition has been field.

The learned counsel for the petitioner has also drawn the attention of the Court to the order dated 25.06.2019 passed by the Sessions Judge, Nalbari whereby it is recorded that the petitioner deposited 20% of the fine amount. Heard the learned counsels for the parties. Issue Notice Returnable within 4 (four) weeks. The steps on the respondent no. 1 be taken by usual course and by Registered Post with A/D within a period of one week from today. The impugned order of the Sessions Court is stayed until further order.

JUDGE

Comparing Assistant