Dr. Usha Ranjan Bhattacharjya vs The State Of Assam And Anr
2023 Latest Caselaw 4440 Gua

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GAHC010233182023




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

                                Case No. : Crl.Rev.P./457/2023

            DR. USHA RANJAN BHATTACHARJYA
            S/O LT. DR. UMAPADA BHATTACHARJYA R/O VILL. FAUZDARIPATTY
            BIMALA MORA ROAD MOUZA SADAR TOWN P.S NAGAON DIST. NAGAON
            ASSAM PIN 782001



            VERSUS

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

            2:MUKUT GOHAIN
             S/O LT. LALIT GOHAIN R/O VILL. KOPAHERA BHAKAGAON MOUZA
            SILPUKHURI P. S MIKIRBHETA DITS. MORIGAON ASSA

Advocate for the Petitioner   : S AHMED

Advocate for the Respondent : PP, ASSAM

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BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

18.10.2023

Heard Mr. M. I. Huda, learned counsel for the petitioner.

This application is filed under Section 397/401 of the Code of Criminal Procedure, 1973 against the judgment and order dated 01.09.2023 passed by the learned Sessions Judge, Morigaon in Criminal Appeal Case No. 17/22 in connection with CR Case No. 583/2015 under Section 138 of the Negotiable Instruments Act, 1881, wherein the learned Additional Chief Judicial Magistrate, Morigaon, Assam sentenced the appellant/petitioner to pay compensation of Rs. 7,68,500/- to the respondent No. 2 and to undergo Simple Imprisonment for a term of 1 (one) year in default of the payment of such compensation.

Issue notice returnable after six weeks.

Petitioner to take steps for issuance of notice upon the respondents by way of registered post with A/D as well as by usual process within a period of five days from today.

Till such return of notice, the impugned judgment and order dated 01.09.2023 passed by the learned Sessions Judge, Morigaon in Criminal Appeal Case No. 17/22 in connection with CR Case No. 583/2015 under Section 138 of the Negotiable Instruments Act, 1881, wherein the learned Additional Chief Page No.# 3/3

Judicial Magistrate, Morigaon, Assam shall remain suspended subject to deposit of Rs. 1,00,000/- (one lakh) only before the Registry before this Court within a period of two weeks from today.

The respondent wife shall be at liberty to withdraw the aforesaid deposited amount before the Registry after due verification and identification.

List this matter after six weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant