Saiful Islam vs The State Of Assam And Anr
2023 Latest Caselaw 3390 Gua

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GAHC010187292023




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

                                Case No. : Crl.Rev.P./347/2023

            SAIFUL ISLAM
            S/O LATE ABDUS SALAM
            R/O DOLAIGAON, UJJANPARA
            P.S. BONGAIGAON,
            DIST. BONGAIGAON, ASSAM

            VERSUS

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

            2:MD. JAKIR HUSSAIN
             S/O JAMAL SHEIKH
            R/O 18 ODALGURI
            P.S. DHALIGAON, DIST. CHIRANG, ASSA

Advocate for the Petitioner   : MR. S RANA

Advocate for the Respondent : PP, ASSAM


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

28.08.2023

Heard Mr. S. Rana, learned counsel for the petitioner and also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

In this petition, under Section 397(1)/401 of the Code of Criminal Procedure, the Page No.# 2/2

petitioner, namely, Md. Saiful Islam has put to challenge the correctness or otherwise of the judgment and order dated 10.07.2023, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No.8/2020. It is to be noted here that vide impugned judgment and order dated 10.07.2023, the learned Sessions Judge, Bongaigaon, has upheld the judgment and order dated 25.02.2020 passed by the learned Additional Chief Judicial Magistrate, Bongaigaon, in NICR Case No.45/2019, whereby the petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for 3(three) months and also to pay compensation amounting to ` 4,20,000/- with default stipulation.

Perused the petition and the documents placed on record.

Let notice be issued, returnable in 4(four) weeks.

Steps be taken upon the respondent No.2 by registered post and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1 since Ms. S.H. Bora, learned Additional P.P. entered appearance and received notice. However, extra requisite copy of the petition be furnished to Ms. Bora during the course of the day.

The petitioner shall deposit 20% of the compensation amount before the Registry of this Court before the next date.

Call for the scanned copy of the record from the learned Court below.

Till the returnable date, the operation of the impugned judgment and order dated 10.07.2023 stands stayed.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant