Utpal Das vs The State Of Assam And Anr
2022 Latest Caselaw 661 Gua

Citation : 2022 Latest Caselaw 661 Gua
Judgement Date : 23 February, 2022

Gauhati High Court

Utpal Das vs The State Of Assam And Anr on 23 February, 2022

                                                                     Page No.# 1/2

GAHC010033322022




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

                                Case No. : Crl.Rev.P./79/2022

             UTPAL DAS
             SON OF SRI HEMEN DAS
             R/O GANDHINAGAR, BARPETA
             UNDER BARPETA POLICE STATION, IN THE DISTRICT OF BARPETA,
             WITHIN THE STATE OF ASSAM.



             VERSUS

             THE STATE OF ASSAM AND ANR
             REP. BY THE PP, ASSAM

             2:BHASKARJYOTI OJAH
              S/O SRI RANJIT OJAH
             R/O BILARTARIHATI
              BARPETA
              P.S. BARPETA
              IN THE DIST. OF BARPETA
             ASSAM-78130

Advocate for the Petitioner   : MR. K SARMA

Advocate for the Respondent : PP, ASSAM



                                          BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

23.02.2022 The revision is preferred against the Judgment and Order dated 22.12.2021, Page No.# 2/2

passed by the learned Sessions Judge, Barpeta, in Criminal Appeal No. 1/2021, arising out of Complaint Case No. 62/2015, dismissing the appeal and affirming the order of conviction dated 03.12.2020, passed by the learned Chief Judicial Magistrate, Barpeta, against the accused under Section 138 of the NI Act, 1881, sentencing him to undergo SI for 6 (six) months and to pay compensation of Rs. 3,00,000/-, in default, SI for another 2 (two) months.

Heard the learned counsel for the petitioner. The revision is admitted for hearing, subject to payment of 20% of the compensation amount before the learned trial Court, with a liberty to the respondent/claimant to withdraw the same.

Let a notice be issued to the respondent No. 2, by registered post with A/D, returnable by 4 (four) weeks.

Subject to payment of the compensation amount before the learned trial Court, the petitioner is allowed to go on previous bail and warrant of arrest, if any, has been issued, shall remain suspended, and till disposal of the revision, the execution of aforesaid sentence shall remain suspended.

JUDGE

Comparing Assistant