Bimalendu Bhattacharjee vs The State Of Assam And Anr
2022 Latest Caselaw 1919 Gua

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GAHC010104192022




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

                                Case No. : Crl.Rev.P./259/2022

            BIMALENDU BHATTACHARJEE
            S/O LATE BIRENDRA CH. BHATTACHARJEE,
            R/O VIVEKANANDA ROAD,
            P.O. SILCHAR-7, DIST. CACHAR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM, GUWAHATI-1.

            2:DR. SIDDIQUL ISLAM
             S/O LATE DR. (MD.) SIRAJUL ISLAM
            H. NO. 27
             LNB ROAD

             HATIGAON ROAD

             GUWAHATI
             DIST. KAMRUP
             ASSAM
             PIN-78103

Advocate for the Petitioner   : MR B SINHA

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 01.06.2022

Heard Mr. B. Sinha, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional P.P. for the State respondent no.1.

In this revision petition, under Section 397 read with Section 401 Cr.P.C., the petitioner, Shri Bimalendu Bhattacharjee, has put to challenge the judgment and order, dated 05.04.2022, passed by the learned Additional Sessions Judge No.2, Kamrup (M), Guwahati, in Criminal Appeal No. 102/2018. It is to be noted here that vide impugned judgment and order, dated 05.04.2022, the learned Additional Sessions Judge No.2, Kamrup (M), Guwahati, has upheld the judgment and order dated 02.06.2018, passed by the learned Judicial

Magistrate 1st Class, Kamrup, Guwahati, in C.R. Case No. 2996c/2010, wherein,

the learned Judicial Magistrate 1st Class, Kamrup, has convicted the petitioner under Section 138 N.I. Act, and sentenced to suffer Simple Imprisonment for 2(two) months and also to pay a compensation of Rs. 7,50,000/-(Rupees seven lakh fifty thousand) with default stipulation.

Perused the petition and the grounds mentioned therein and also the documents enclosed with the petition.

Admit.

Let notice be issued returnable in 4(four) weeks.

Steps to be taken by registered post with A/D as well as by usual process within a week from today.

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Since, Mr. Das, learned Additional P.P. had entered appearance on behalf of the State respondent no.1, no formal notice is required to be issued. However, requisite extra copy of the petition be furnished to Mr. Das during the course of the day.

Call for the scanned copy of the record from the learned Courts below.

Mr. B. Sinha, learned counsel for the petitioner has also prayed for allowing the petitioner to remain on previous bail, till disposal of this petition, which is subjected to payment of the above 20% of the compensation amount before the Registry of this Court, within one month from today as per provision of Section 143-A N.I Act.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant