Debajyoti Chutia vs The State Of Assam And Anr
2023 Latest Caselaw 1617 Gua

                                                                      Page No.# 1/2

GAHC010145732022




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

                                Case No. : Crl.Rev.P./149/2023

            DEBAJYOTI CHUTIA
            S/O SRI LAKSHMINATH CHUTIA, R/O AMGURI, SBI BUILDING, P.S.-
            AMGURI, P.O.-AMGURI, DIST.- SUVASAGAR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY PP, ASSAM

            2:SRI PRANJAL PRATIM BORAH
             S/O LATE NARENDRA NATH BORAH
             R/O BHUYANKHAT
             P.O.-JALUK GAON
             P.S.- AMGURI
             DIST.- SIVASAGAR
            ASSAM
             PIN-78568

Advocate for the Petitioner   : MR. N K KALITA

Advocate for the Respondent : PP, ASSAM


                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : 25.04.2023

Heard Mr. N.K. Kalita, learned counsel for the petitioner Debajyoti Chutia.

Page No.# 2/2

The petitioner has filed an application under sections 397/401 Cr.P.C., challenging the legality and propriety of the judgment and order dated 11.03.2023 passed by the learned Addl. Sessions Judge Sivasagar in Criminal Appeal No.18(3)/2019, upholding and modifying the judgment and order dated 07.06.2019 passed by the learned Addl. CJM, Sivasagar in C.R.(NI) Case No.93/2013 convicting the accused/petitioners under section 138 NI Act and sentencing him to pay a fine of Rs.2,00,000 with default stipulation.

Mr. P Borthakur, learned Addl. PP has accepted notice on behalf of respondent No.1, so no formal notice is required to be issued to the respondent No.1.

Issue notice to respondent No.2, returnable by 4 (four) weeks. Steps to be taken by way of Registered Post with A.D as well as through usual process within 7 (seven) days.

Call for the LCR's of Criminal Appeal No.18(3)/2019 and C.R. (NI) Case No.93/2013.

In the meantime, the operation of the impugned order dated 07.06.2019 passed by the learned Addl. CJM, Sivasagar, in C.R. (NI) Case No.93/2013 and the judgment dated 11.03.2022 passed by the learned Additional Sessions Judge, Sivasagar in Crl. Appeal No.18(3)/2019 be stayed subject to the condition that the petitioner will deposit 20% of the fine amount within the statutory period.

List accordingly.

JUDGE

Comparing Assistant