Citation : 2023 Latest Caselaw 2259 Gua
Judgement Date : 30 May, 2023
Page No.# 1/2
GAHC010099532023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/441/2023
MD. MERAJ AHMED
S/O LATE HABIBUDDIN AHMED,
R/O OIL SETTLEMENT AREA,
P.O. AND P.S.- DULIAJAN, DIST.- DIBRUGARH, ASSAM, PIN- 786602.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM.
2:PRASANTA GUHA ROY
S/O LATE PRABHAT CH. GUHA ROY
ORDINARY RESIDENT OF OIL SETTLEMENT AREA
P.O. AND P.S.- DULIAJAN
DIST.- DIBRUGARH
ASSAM
PIN- 786602.
PERMANENT RESIDENT OF MADHYAM GRAM
P.O. AND P.S.- MADHYAM GRAM
WEST BENGAL
PIN- 700129
Advocate for the Petitioner : MR N N UPADHYAYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE MALASRI NANDI
ORDER
30.05.2023 Heard Mr D Boruah, learned counsel appearing for the petitioner and Mr K K Page No.# 2/2
Parashar, learned Additional Public Prosecutor for the State of Assam.
By this application filed under Section 5 of the Limitation Act, 1963, the applicant/petitioner has prayed for condonation of delay of 137 days in preferring the criminal revision against the Judgment and order dated 13.09.2022, passed by the learned Additional Sessions Judge, Dibrugarh, in Criminal Appeal No. 43(4) of 2017, whereby the appeal was dismissed, upholding the finding and sentence of the impugned Judgment and Order dated
16.10.2017, passed by the learned CJM, Dibrugarh, in Case No. 40 c/2012, thereby confirming the conviction and sentencing of the accused applicant/petitioner under Section 138 of the NI Act.
Issue notice to 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 accordingly.
JUDGE
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