Md. Faizal Hoque vs Thangneivah Baite
2022 Latest Caselaw 1703 Gua

                                                                       Page No.# 1/2

GAHC010064272022




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

                                 Case No. : I.A.(Crl.)/148/2022

             MD. FAIZAL HOQUE
             S/O JALIMUDDIN AHMED
             RESIDENT OF VILLAGE DANGARKUCHI, PO SONKUCHI, DIST BARPETA,
             ASSAM 781301



             VERSUS

             THANGNEIVAH BAITE
             W/O LATE MOGEMBO ANAL RESIDENT OF PILLANGKATA, PO
             PILLANGKATA RAID MARWET,PS KHANAPARA DIST RIBHOI ,
             MEGHALAYA, 781029



Advocate for the Petitioner   : MR. DILIP DEY

Advocate for the Respondent : MR. M K BORAH


In Crl.Rev.P. /231/2021

                                       BEFORE
                          HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

20.05.2022 Heard Mr. D. Dey, learned counsel for the applicant. Also heard Mr. M.K. Bora, learned counsel for the respondent in this I.A.

This application under Section 143 (A) of the N.I. Act, 1881 is filed by Page No.# 2/2

applicant Md. Fayzal Hoque for allowing him to withdraw 20 % of the fine amount which is deposited before the Court of learned JMFC, Kamrup (M), pursuant to order dated 12.03.2021, passed by the learned Additional Sessions Judge, FTC No. 3, Kamrup (M), while admitting the appeal against the judgment and order of conviction dated 09.09.2019 in C.R. Case No. 2580/2017.

Mr. Dey, learned counsel for the applicant submits that the said appeal has already been disposed of and against that judgment one Revision Petition is preferred, which is pending before this Court, being Crl.Rev.P. No. 231/2021 for hearing.

Mr. Bora, learned counsel for the respondent submits that he has no objection in allowing the applicant provided a direction be given under proviso to Sub Section 3 of Section 148 N.I. Act.

In view of the submissions advanced at the bar and also considering the facts and circumstances on the record, the applicant is allowed to withdraw the 20 % of the fine amount deposited before the learned Trial Court, pursuant to order dated 12.03.2021 passed by the learned Additional Sessions Judge, FTC No. 3, Kamrup (M), however, subject to the condition that in the event of acquittal of the respondent, the applicant has to repay the same to the respondent with interest @ bank, as published by the Reserve Bank of India, prevailing at the financial year, within 60 days from the date of order.

In view of above, I.A. stands disposed of.

JUDGE Comparing Assistant