Mazammail Haque vs Mina Begum @ Minawara Begum
2023 Latest Caselaw 1638 Gua

                                                                                Page No.# 1/2

GAHC010086742023




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

                                Case No. : Crl.Rev.P./159/2023

            MAZAMMAIL HAQUE
            S/O LATE MAZIBUR RAHMAN
            R/O FAKARUDDIN ALI AHMED ROAD,
            BYE LANE NO. 2, HOUSE NO. 23 GUWAHATI, KAMRUP (M), ASSAM



            VERSUS

            MINA BEGUM @ MINAWARA BEGUM
            D/O LATE BAHAR ALI
            R/O SIJUBARI DARGAH ROAD,
            SURABHI PATH, H. NO. 1,
            P.O. HATIGAON, GUWAHATI-38
            P.S. HATIGAON
            DIST. KAMRUP (M), ASSAM



Advocate for the Petitioner   : MR R K DUTTA

Advocate for the Respondent :




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : --26.04.2023

Heard Mr. U.J. Saikia, learned counsel for the petitioner Mazammail Haque.

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The petitioner has filed an application under 401 read with Section 397 Cr.PC and read with Section 482 Cr.PC challenging the legality and propriety of the judgment & order dated 13.03.2023 passed by the learned Sessions Judge, Kamrup(M) in Criminal Appeal No. 229/2019 allowing the appeal by setting aside the judgment & order dated 21.11.2019 passed by the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati in C.R. Case No.

3466C/2017 convicting the petitioner under Section 138 N.I. Act. Earlier the petitioner was convicted by the trial Court to undergo imprisonment for 1 year and pay a fine of Rs. 8 lacs which was scaled down by the learned Appellate Court to Simple Imprisonment for 3 months and fine of Rs. 8 lacs with default stipulation.

Issue Notice to respondent through registered post with A/D returnable within 4 (four) weeks.

Petitioner is allowed to remain on previous bail until further orders. The operation of impugned judgment and order of conviction and sentence in Criminal Appeal No. 229 of 2019

and C.R. Case No. 3466C of 2017 is stayed until further orders.

Call for the LCR of Criminal Appeal No. 229 of 2019 and C.R. Case No. 3466 C of 2017.

List accordingly.

JUDGE

Comparing Assistant