Mantu Kumar Sarma vs Jyotish Sarma And Anr
2023 Latest Caselaw 4523 Gua

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GAHC010240542023




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

                                Case No. : Crl.Rev.P./465/2023

            MANTU KUMAR SARMA
            S/O LATE HEMODHAR SARMA, R/O VILL NIZ PAKOWA, P.S.-BELSOR, DIST-
            NALBARI, ASSAM



            VERSUS

            JYOTISH SARMA AND ANR
            S/O LATE KARUNA KANTA SARMA, R/O VILL-SUNDARIDIA (PACHIM
            HATI), P.O. AND P.S.-BARPETA, DIST-BARPETA, ASSAM, PIN-781301

            2:THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR. A GOYAL

Advocate for the Respondent : PP, ASSAM (R2)




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 06.11.2023 Heard Mr. A. Goyal, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State.

This application under Section 397 read with Sections 401 and 482 of the Page No.# 2/2

Code of Criminal Procedure, 1973 has been filed by the petitioner impugning the judgment and order dated 31.07.2023 passed by learned Additional Sessions Judge, Barpeta in Criminal Appeal No. 02/2021 whereby the learned Appellate Court has upheld the order dated 17.01.2020 passed by learned Additional Chief Judicial Magistrate, Barpeta in N.I. Case No. 33/2018 under Section 138 of the Negotiable Instruments Act, 1881 wherein the present petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,00,000/- (Rupees Five Lakh).

Issue notice to the respondents.

Since learned Additional Public Prosecutor receives notice on behalf of respondent No. 2, no formal notice need to be issued to respondent No. 2. However, as regards the respondent No. 1, the petitioner shall take steps for issuance of notice to the respondent No. 1 by registered post with A/D within three days from the date of this order, returnable after 4(four) weeks.

JUDGE

Comparing Assistant