Sudip Paitya vs The State Of Assam And Anr
2023 Latest Caselaw 3639 Gua

                                                                      Page No.# 1/2

GAHC010192212023




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

                                Case No. : Crl.Rev.P./365/2023

            SUDIP PAITYA
            S/O LATE SUDANSHU SEKAR PAITYA
            R/O LINK ROAD,
            P.O. LINK ROAD,
            P.S. SILCHAR,
            DIST. CACHAR

            VERSUS

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

            2:NAZIM UDDIN LASKAR
             S/O LATE JAHUR UDDIN LASKAR
            R/O VILL- MADHURBOND
            P.O. AND P.S. SILCHAR
            DIST. CACHAR
            ASSAM
             PIN-78800

Advocate for the Petitioner   : MR. K MIRA

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

11.09.2023

Heard Mr. K. Mira, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. P.P. for the State respondent.

Page No.# 2/2

Judgment and order dated 23.06.2023, passed by the learned Additional Sessions Judge, Cachar, Silchar in Criminal Appeal No. 02/2020 is challenged in this petition under Section 401 read with Section 397 of the Cr.P.C.

It is to be noted here that vide judgment and order dated 23.06.2023, the learned court below has affirmed the judgment and order dated 29.11.2019, passed by the learned Addl. CJM, Cachar, Silchar in CR [NI] Case No. 71/2013, whereby the petitioner has been sentenced to undergo SI for 2 years and also to pay a fine of Rs. 6,00,000/- under Section 138 of the NI Act and in default to undergo another SI for a period of 6 months.

Perused the petition as well as the documents placed on record. Let notice be issued to the respondent no. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Borthakur has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

Having heard the submissions of learned counsel for both the parties, it is provided that the operation of the judgment and order dated 23.06.2023, stands stayed, subject to payment of 20% of the fine amount before the Registry of this Court.

Call for the record from the learned court below. List the matter after 4 weeks.

JUDGE

Comparing Assistant