Case No. : Crl.Rev.P./244/2022 vs The State Of Assam And Anr
2022 Latest Caselaw 1834 Gua

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GAHC010093862022




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

                                Case No. : Crl.Rev.P./244/2022
            ABHIJIT NATH
            S/O- UDDHAB NATH, R/O- VILL.- DAKSHIN GANAKGARI, P.O. SORBHOG,
            P.S. SORBHOG, BARPETA-783317, DIST. BARPETA, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE P.P., ASSAM

            2:NAZMUL HOQUE
             S/O- ABDUL KHALEGUE
             R/O- VILL.- MANAKOCHA
             P.O. AND P.S. KALGACHIA
             DIST. BARPETA
            ASSAM
             PIN- 781319

Advocate for the Petitioner   : MD. H BHUYAN

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 27.05.2022

In this Criminal Revision Petition, the petitioner Shri Abhijit Nath, has put to challenge the judgment and order dated 25.04.2022, passed by the learned Additional Sessions Judge (FTC), Barpeta, Assam in Criminal Appeal No.4/2022, and also the judgment and order dated 21.12.2021, passed by the learned SDJM in NI Case Page No.# 2/2

No.28/17 under Section 138 NI Act.

It is to be noted herein that vide the impugned judgment and order dated 21.12.2021, the learned SDJM has convicted the petitioner under Section 138 NI Act and sentenced him to suffer simple imprisonment for 6 (six) months and also to pay a fine of Rs.40,000/- with default stipulation.

Heard Md. H Bhuyan, learned counsel for the petitioner and also heard Mr. P Borthakur, learned Addl. PP, Assam.

Let notice be issued, returnable by 4 (four) weeks. Steps by Registered Post with A/D as well as through usual process within 7 (seven) days from today.

Since Mr. P Borthakur, learned Addl. PP entered appearance and accepts notice on behalf of respondent No.1, no formal notice need to be issued, however requisite extra copies of the petition be furnished to learned Addl. PP during the course of the day.

Call for the LCR.

Considering the submissions of learned advocates for both the sides and also considering the facts and circumstances on the record, the impugned order dated 25.04.2022 is stayed and the petitioner is allowed to remain on previous bail till disposal of this petition.

List the matter after 4 (four) weeks.

The petitioner shall deposit 20% of the fine amount before the Registry of this Court.

JUDGE

Comparing Assistant