Mihir Chetia vs The State Of Assam And Anr
2022 Latest Caselaw 2322 Gua

                                                           Page No.# 1/2

GAHC010137462022




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

                          Case No. : I.A.(Crl.)/344/2022


         MIHIR CHETIA
         SON OF SRI H.N. CHETIA R/O GANGAPARA
         P.O. DIBRUGARH
         P.S. DIBRUGARH
         IN THE DISTRICT OF DIBRUGARH
         ASSAM


          VERSUS

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

         2:MUKESH HARLALKA
         S/O LT. P.C. HARLALKA
          R/O BORDUMSA TOWN
          P.O. BORDUMSA
          DIST. CHANGLAND
         ARUNACHAL PRADESH.
          ------------

Advocate for : MR. P DEKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order Page No.# 2/2

12.07.2022

Heard Mr. P Deka, learned counsel for the applicant.

This is an application for suspension of sentence awarded to the petitioner in connection with the judgment dated 23.12.2020 passed by the learned Chief Judicial

Magistrate, Dibrugarh in CR case No. 117C/2015 convicting the petitioner under Section 138 of the NI Act, 1881 and affirmed by the appellate court by judgment and order dated 13.06.2022 in Criminal Appeal No. 5(1)/2021.

Issue notice, returnable after four weeks.

Applicant to take steps upon the opposite parties within a period of three days from today by way of registered post with A/D.

Notice has already been issued in the connected Criminal Revision Petition wherein the aforesaid judgments are assailed. Accordingly, till the returnable date, the operation of the sentence dated 23.12.2020 awarded by the learned Chief Judicial

Magistrate, Dibrugarh in CR case No. 117 C/2015 and the order dated 13.06.2022 passed by the learned Additional Sessions Judge, Dibrugarh in Criminal Appeal No. 5(1)/2021 affirming the aforesaid sentence is stayed subject to deposit of 30% of the fine amount awarded in the aforesaid judgments, before the Registry of this court, within a period of 15 days.

JUDGE

Comparing Assistant