Dilip Kumar Sarma vs State Of Assam And 4 Ors
2022 Latest Caselaw 228 Gua

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GAHC010009672022




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

                          Case No. : Crl.Pet./32/2022

         DILIP KUMAR SARMA
         SO OF LATE GIRISH CHANDRA SARMA
         R/O DAKHINGAON, KAHILIPARA, GUWAHATI, P.S. DISPUR, DIST. KAMRUP
         (M), ASSAM, PIN-781019



         VERSUS

         STATE OF ASSAM AND 4 ORS
         REP. BY THE PP, ASSAM

         2:SMTI. DHARITRI TALUKDAR
         W/O LATE PABITRA KUMAR TALUKDAR
         LEGAL HEIRS OF LATE PABITRA KUMAR TALUKDAR AND ARE RESIDENT
         OF HOUSE NO.478
          BAGHABARI ROAD
          PANJABARI
          GUWAHATI
          P.S. -DISPUR
          DIST. KAMRUP (M)
         ASSAM
          PIN-781037

         3:SRI MANASH TALUKDAR
          SON OF LATE PABITRA KUMAR TALUKDAR
         LEGAL HEIRS OF LATE PABITRA KUMAR TALUKDAR AND ARE RESIDENT
         OF HOUSE NO.478
          BAGHABARI ROAD
          PANJABARI
          GUWAHATI
          P.S. -DISPUR
          DIST. KAMRUP (M)
         ASSAM
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             PIN-781037

            4:SMTI. INDRANI TALUKDAR
             D/O LATE PABITRA KUMAR TALUKDAR
            LEGAL HEIRS OF LATE PABITRA KUMAR TALUKDAR AND ARE RESIDENT
            OF HOUSE NO.478
             BAGHABARI ROAD
             PANJABARI
             GUWAHATI
             P.S. -DISPUR
             DIST. KAMRUP (M)
            ASSAM
             PIN-781037

            5:SMTI. PALLABI TALUKDAR
             D/O LATE PABITRA KUMAR TALUKDAR
            LEGAL HEIRS OF LATE PABITRA KUMAR TALUKDAR AND ARE RESIDENT
            OF HOUSE NO.478
             BAGHABARI ROAD
             PANJABARI
             GUWAHATI
             P.S. -DISPUR
             DIST. KAMRUP (M)
            ASSAM
             PIN-78103

Advocate for the Petitioner   : MR. T DEURI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : --24.01.2022 This application under Section 482 of the Cr.P.C. is preferred by the petitioner, namely, Sri Dilip Kumar Sarma challendign the judgment and order dated 17.11.2021 passed by the learend Additional Sessions Judge, FTC No. 3, Kamrup (M), Guwahati in Criminal Appeal No. 228/2017.

It is to be mentioned here that by the impugned judgment and order dated 17.11.2021 the learned Additional Sessions Judge, FTC No. 3, Kamrup, Guwahati was pleased to dismiss the Page No.# 3/3

appeal filed by the petitioner and upheld the judgment and order dated 11.09.2017 passed in connection with C.R. Case No. 5000/2008 passed by the learned Judicial Magistrate First Class, Kamrup (M) whereby the learned Judicial Magistrate First Class had convicted the accused/ petitioner under Section 138 of the N.I. Act and sentenced him to undergo simple imprisonment for a period of 6 months and also ordered for payment of a sum of Rs. 5 lakhs as compensation to the complainant.

Heard Mr. T. Deuri, learned Counsel for the petitioner. Also heard Ms. S. Jahan, learned Addl. P. P., Assam, for the State respondent No. 1.

Let notice be issued to the respondents returnable by 4 (four) weeks. Call for the scan copy of LCR from the Court below.

Petitioner shall take steps for issuance of notice to the respondents by registered post with A/D as well as by usual process within a week from today. Since Ms. S. Jahan has entered appearance on behalf of respondent No. 1, no formal notice need be issued in favour of respondent No. 1. However, extra copy of the petition be furnished during the course of the day.

List after 4 (four) weeks.

JUDGE

Comparing Assistant