Aminul Hoque vs Shoriful Islam
2022 Latest Caselaw 2034 Gua

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GAHC010109982022




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

                                Case No. : Crl.Rev.P./274/2022

            AMINUL HOQUE
            S/O RAMJAN ALI
            VILL- AMBARI, P.S. BEGUAN,
            DIST. GOALPARA, ASSAM



            VERSUS

            SHORIFUL ISLAM
            S/O HUSSAIN ALI
            VILL- AMBARI, P.S. BAGUAN
            DIST. GOALPARA, ASSAM
            PIN- 783129



Advocate for the Petitioner   : MR. A CHOUDHURY

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

                                   ORDER

08.06.2022

Legality, propriety and correctness of the judgment and order dated 13.05.2022, passed by the learned Additional Sessions Judge, Goalpara, in Criminal Appeal No. 17/2019, is challenged in this revision petition under Sections 397 and 401 of the Code of Criminal Procedure. It is to be noted here that vide impugned judgment order, the learned Court below has upheld the judgment and order of conviction passed by the learned Additional Chief Judicial Magistrate, Goalpara, vide judgment and order dated 04.07.2019, in N.I. Case No. 06/2017, wherein, the learned Chief Judicial Magistrate, Goalpara, has convicted the petitioner under Section 138 of the Negotiable Instrument Act and sentenced him to suffer simple imprisonment for 1 (one) year and to pay compensation of Rs. 4,40,000/- (Rupees four lakhs fourty thousand) only to the complainant as the Cheque amount is Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only and more than 2 ½ years have elapsed from the date of issuance of the cheque and further to undergo simple imprisonment for another 2 (two) months in default of the payment of compensation.

Heard Mr. A. Choudhury, learned counsel for the petitioner.

Admit.

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

Learned counsel for the petitioner shall take steps for causing service of notice upon respondent 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 Advocates of both sides and also considering the facts and circumstances on the record, operation of the impugned judgment and order, dated 13.05.2022, passed by the learned Additional Sessions Judge, Goalpara, in Criminal Appeal No. 17/2019, and impugned judgment and order dated 04.07.2019, passed by the learned Additional Chief Judicial Magistrate, Goalpara, in N.I. Case No. 06/2017, stands stayed/suspended till returnable date.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant