Pranjal Phukan vs Prashar Nath
2023 Latest Caselaw 2828 Gua

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GAHC010105492023




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

                                Case No. : Crl.Rev.P./201/2023

            PRANJAL PHUKAN
            S/O LATE BISHNU PHUKAN, P/R/O C/O SRI KAPIL PHUKAN, HOUSE NO. 46,
            GANESH NAGAR, JYOTI NAGAR, BAMUNIMAIDAN, P.S.-CHANDMARI,
            GUWHAATI-781021, KAMRUP (M), ASSAM



            VERSUS

            PRASHAR NATH
            S/O SRI BANESHWAR NATH, R/O HOUSE NO. 31 A, RANGPUR PATH,
            OPPOSITE TO MILIJULI PATH, SATGAON, NOWAPARA, PANJABARI,
            GUAHATI, PIN-781037, KAMRUP (M), ASSAM



Advocate for the Petitioner   : MR. T BARUAH

Advocate for the Respondent : MR. D M NATH




                                          BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

02.08.2023 The present application is filed against an order dated 11.01.2023. By the aforesaid order, the learned Sessions Judge No. 1, Kamrup (M) admitted the appeal filed under Section 374 (3) of Cr.P.C., which was preferred against the judgment and Page No.# 2/2

order dated 12.12.2022 passed by the learned Munsiff No. 4 cum Judicial Magistrate

1st Class, Kamrup (M) in Complaint Case No. 2008/2017 under Section 138 of NI Act.

By the aforesaid judgment passed by the learned Magistrate, convicted the petitioner and was directed to pay fine. Being aggrieved the aforesaid appeal was preferred. While admitting the appeal, the learned appellate court asked the petitioner to deposit 20% of the compensation amount. Such course of action is also permissible under Section 143A of the Negotiable Instruments Act, 1881. Therefore, we do not find any infirmity in the aforesaid order.

Accordingly, the present application stands dismissed.

JUDGE

Comparing Assistant