Page No.# 1/3 vs M/S Jain Agencies And Anr
2022 Latest Caselaw 2348 Gua

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GAHC010122982022




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

                                Case No. : Crl.Rev.P./346/2022

            SUBRATA DUTTA AND ANR
            S/O TARINIKANTA DUTTA
            PROPRIETOR OF M/S PRIDE ASSOCIATE
            R/O OPPOSITE PUBALI PATH,
            NEAR HAYAT HOSPITAL, ODALBAKRA,
            GUWAHATI-34, DIST. KAMRUP (M), ASSAM

            2: M/S PRIDE ASSOCIATED
             OPP. PUBALI PATH
            NEAR HAYAT HOSPITA
             ODALBAKRA
             GUWAHATI-34
             DIST. KAMRUP (M)
            ASSA

            VERSUS

            M/S JAIN AGENCIES AND ANR
            HAVING ITS OFFICE AT A.K. AZAD ROAD, BEHING R.K. TOWER, P.O.
            REHABARI, P.S. PALTAN BAZAR, GUWAHATI - 781008, DIST. KAMRUP (M),
            ASSAM

            2:SRI SANJAY KUMAR JAIN
            AUTHORISED SIGNATORY OF JAIN AGENCIES
            R/O REHABARI
             P.O. REHABARI

            P.S. PALTAN BAZAR
             GUWAHATI- 781008
             DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR P UPADHYAY
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Advocate for the Respondent :




                          BEFORE
             HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                   ORDER

18.07.2022

Legality, propriety and correctness of the judgment and order dated 29.03.2022, passed by the learned Additional Sessions Judge FTC, No. 3, Kamrup(M), Guwahati, in C. A. No. 56/2019, is challenged in this revision petition under Section 389 of the Code of Criminal Procedure. It is to be noted here that vide impugned judgment order, dated 29.03.2022, the learned Court below has upheld the judgment and order of conviction passed by the learned Sub-Divisional Judicial Magistrate, Kamrup(M), Guwahati, in Complaint Case No.

1716c/2016, vide judgment and order dated 01.03.2019, wherein, the learned Sub-Divisional Judicial Magistrate has convicted the petitioners under Section 138 of the NI Act and sentenced him to undergo Simple Imprisonment for 1 (one) month and to pay a compensation of Rs. 3,00,000/- (Rupees three lakhs) only, in default, Simple Imprisonment for another 1 (one) month.

Heard Mr. P. Upadhay, learned counsel for the petitioners.

Admit.

Issue notice to the respondents, returnable in 4 (four) weeks.

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Learned counsel for the petitioners shall take steps for causing service of notice upon respondents by registered post with A/D as well as by usual process within a week from today.

Call for the scanned copy of the records from the learned Court below.

Considering the submissions of learned counsel for the petitioners and also considering the facts and circumstances on record, the petitioner is allowed to remain on previous bail and the operation of the impugned judgment and order dated 29.03.2022, passed by the learned Additional Sessions Judge FTC, No. 3, Kamrup(M), Guwahati, in C. A. No. 56/2019, and also the judgment and order dated 01.03.2019, passed by the learned Sub-Divisional Judicial

Magistrate, Kamrup(M), Guwahati, in Complaint Case No. 1716 c/2016, stands stayed/suspended till returnable date.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant