Dinesh Kakati vs The State Of Assam And Anr
2023 Latest Caselaw 2238 Gua

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GAHC010112502023




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

                                 Case No. : I.A.(Crl.)/439/2023

             DINESH KAKATI
             S/O LT. RAM KRISHNA KAKATI, VILL-PUB PALANGDIHATI, BARPETA, P.O.,
             P.S. AND DIST-BARPETA, ASSAM



             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

             2:ALAKESH PATHAK
              S/O LATE SARBESWAR PATHAK
              R/O VILL- KUJIRDARHATI
              P.S.- BARPETA
              DIST- BARPETA
             ASSA

Advocate for the Petitioner   : G. R. SINGHA

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                           ORDER

29.05.2023 Heard Mr G R Singha, learned counsel for the applicant/petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam/respondent No. 1.

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By this application filed under Section 5 of the Limitation Act, 1963, the applicant/petitioner has prayed for condonation of delay of 5 (five) days in preferring the criminal revision against the Judgment and order dated 14.02.2023, passed by the learned District and Sessions Judge, Barpeta, in Criminal Appeal No. 7/2021, upholding the Judgment and order dated 09.04.2021, passed by the learned Additional CJM, Barpeta, in Complaint Case No. 35 of 2017, whereby the accused/petitioner, Sri Dinesh Kakati was convicted under Section 138 of the NI Act and sentenced to undergo SI for 6 (six) months and was directed to pay a fine of Rs. 3,50,000/- and in default, Simple Imprisonment for 2 (two) months.

Issue notice upon the respondent No. 2.

The applicant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as by usual process, returnable within 4 (four) weeks. Steps be taken within a week from today.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant