Nilkamal Sarma vs The State Of Assam
2022 Latest Caselaw 3202 Gua

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GAHC010122582022




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

                                 Case No. : I.A.(Crl.)/301/2022

            NILKAMAL SARMA
            S/O. LT. YAMINI KANTA SARMA, R/O. PUB SARANIA, BY LANE NO.6,
            H/NO.05, CHANDMARI, GUWAHATI-781003, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY P.P, ASSAM.



Advocate for the Petitioner   : MR. A K DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            NILKAMAL SARMA



             VERSUS

            THE STATE OF ASSAM AND ANR (B)



             ------------
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           Advocate for : MR. A K DAS
           Advocate for : appearing for THE STATE OF ASSAM AND ANR (B)



                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 24-08-2022

Heard Mr. A. K. Das, learned counsel for the applicant. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent.

Office note dated 22.08.2022 indicates that notice upon the respondent no. 2 could not be served and the A/D card returned with a remark "Addressee left".

Mr. A. K. Das, learned counsel for the applicant submits that vide impugned judgment and order dated 03.06.2016, the learned Court below had convicted the applicant under Section 138 NI Act and sentenced him to suffer simple imprisonment for 4 (four) months and also to pay a fine of Rs. 65,000/-. Mr. Das submits that the applicant has already completed 4 (four) months in the jail and he is ready to make payment of the compensation amount before the learned Court below and as such, he may be permitted to withdraw this petition.

Prayer of Mr. Das is accordingly allowed.

This application stands disposed of on withdrawal, granting liberty to the applicant to deposit the compensation amount before the learned Court below.

JUDGE Comparing Assistant