Page No.# 1/3 vs The Indian Hotels Company Limited
2022 Latest Caselaw 1737 Gua

                                                                  Page No.# 1/3

GAHC010094872022




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

                                Case No. : Crl.Rev.P./230/2022

            M/S MOTION MEDIA ENTERTAINMENT AND ANR
            A PARTNERSHIP FIRM HAVING ITS REGD. OFFICE AT 2ND FLOOR,
            SWAGOTA ENVISSION, G.S. ROAD, KHANAPARA, GUWAHATI, KAMRUP
            (M), ASSAM.

            2: RAKESH KUMAR SINGH
             S/O. SRI JONARDAN SINGH
            THE PARTNER OF M/S MOTION MEDIA ENTERTAINMENT
             R/O. DONA PRESIDENCY
             D-3
             1ST FLOOR
            VIP ROAD
             SIX MILE
             GUWAHATI-781022
             DIST. KAMRUP (M)
            ASSAM

            VERSUS

            THE INDIAN HOTELS COMPANY LIMITED
            A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT 1882
            HAVING ITS REGD. OFFICE AT MANDLIK HOUSE, MANDIK ROAD,
            MUMBAI-400001 AND HAVING ITS BRANCH OFFICE AT NIKITA COMPLEX,
            G S ROAD, KHANAPARA, GUWAHATI-781022, ASSAM BEING REP. BY ITS
            GENERAL MANAGER MR. KRISHNA AGGARWAL, S/O. MR. DAYA
            CHANDRA AGGARWAL, R/O. DONA PRESIDENCY, FLAT NO. D 15, VIP
            ROAD, GUWAHATI.



Advocate for the Petitioner   : MR. M PHUKAN

Advocate for the Respondent :
                                                                      Page No.# 2/3




                            BEFORE
               HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

23.05.2022

Legality, propriety and correctness of the judgment and order dated 29.03.2022, passed by the learned Additional Sessions Judge No. 2, Kamrup (M) in Criminal Appeal No. 60/2019, is challenged in this revision petition under Sections 397 and 401 read with Section 482 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 Chief Judicial Magistrate, Kamrup (M), vide judgment and order dated 20.03.2019, in C.R. Case No. 1584/2016, wherein, the learned Chief Judicial Magistrate, Kamrup (M), has convicted the petitioner under Section 138 of the Negotiable Instrument Act and sentenced him to suffer imprisonment for 4 (four) months and also to pay compensation of Rs. 2,00,000/- (Rupees two lakhs) only.

Heard Mr. M. Phukan, learned counsel for the petitioner.

Let notice be issued to the respondent, returnable in 1 (one) week.

Steps be taken by registered post with A/D as well as by usual process.

Also, call for the record from the learned Court below.

Page No.# 3/3

The learned counsel for the petitioner prays for staying the operation of the impugned judgment and order.

The prayer of the learned counsel for the petitioner will be considered after depositing 20% of the compensation amount before the Registry of this Court within a week from today.

List the matter after 1 (one) week.

JUDGE

Comparing Assistant