Lukman Hikim vs Rohimuddin Sheikh And Anr
2023 Latest Caselaw 1538 Gua

                                                                        Page No.# 1/2

GAHC010064232023




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

                                Case No. : I.A.(Crl.)/241/2023
                                   In Crl.Rev.P./439/2022

            LUKMAN HIKIM,
            S/O AYEZ UDDIN MONDAL, R/O BARJANA, PART-I, P.O. BARJANA P.S.
            ABHAYAPURI DIST. BONGAIGAON, ASSAM

            VERSUS

            ROHIMUDDIN SHEIKH AND ANR.
            S/O LATE NUR MOHAMMAD SHEIKH, R/O DAUKIJHAR, P.O. HAPACHARA,
            P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM

            2:THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : MR F U BARBHUIYA

Advocate for the Respondent : PP, ASSAM




                                       - BEFORE -
                     HON'BLE MR. JUSTICE ROBIN PHUKAN
                                       :: O R D E R ::

19.04.2023

Heard Mr. F.U. Barbhuiya, learned counsel for the applicant. None appears for the opposite party No.1.

This application under Section 148 of the N.I. Act, 1881 is preferred by the Page No.# 2/2

applicant, namely, Lukman Hikim praying for issuing direction to the opposite party No.1 to deposit 50% of the amount awarded by the learned Sub-Divisional Judicial Magistrate (M), North Salmara, Abhayapuri in C.R. N.I. Case No.21/2016 vide judgment and order dated 01.03.2019.

It is to be noted here that vide impugned judgment and order dated 01.03.2019, the learned Sub-Divisional Judicial Magistrate (M), North Salmara, Abhayapuri in C.R. N.I.Case No. 21/2016 has convicted the opposite party No.1 under Section 138 of the N.I. Act and sentenced him to suffer simple imprisonment for 4(four) months and also to pay a sum of Rs.2,50,000/- (Rupees two lakh fifty thousand) only as compensation to the applicant.

Since none appears for the opposite party No.1, list the matter along with Crl.Rev.P. No.439/2022 in the second week of May, 2023.

Necessary order will be passed after hearing the other side.

JUDGE

Comparing Assistant