Pranab Deka vs Anupam Deka
2023 Latest Caselaw 3649 Gua

                                                                    Page No.# 1/2

GAHC010199132023




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

                                Case No. : Crl.Rev.P./375/2023

            PRANAB DEKA
            S/O LATE UMESH CHANDRA DEKA
            R/O BHANGAGARH, HOUSE NO. 11, SRIMANTAPUR, GUWAHATI, P.S.
            BHANGAGARH, DIST. KAMRUP (M), ASSAM, PIN-781032,
            PHONE NO. 6001052002 (M)



            VERSUS

            ANUPAM DEKA
            S/O LATE HIREN DEKA
            R/O BHANGAGARH, SRIMANTAPUR, HOUSE NO. 14, BYE LANE NO. 1, P.S.
            BHANGAGARH, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN-781032,
            PHONE NO. 9864113673



Advocate for the Petitioner   : MR A TALUKDAR

Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

11.09.2023

Heard Mr. B. Prasad, learned counsel for the petitioner. Judgment and order dated 18.07.2023, passed by the learned Additional Page No.# 2/2

Sessions Judge No. 1, Kamrup [M] at Guwahati in Criminal Appeal No. 61/2019, is challenged in this revision petition under Section 401 of the Cr.P.C.

It is to be noted here that vide judgment and order dated 18.07.2023, the learned court below has affirmed the conviction of the petitioner under Section 138

of the NI Act, in CR Case No. 3655 C/2017, passed by the learned Special Judicial Magistrate, Kamrup [M] at Guwahati, whereby the petitioner was directed to pay compensation amount of Rs. 6,12,648/- with default stipulation and also to undergo SI for 2 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.

Having heard the submissions of learned counsel for both the parties, it is provided that the operation of the judgment and order dated 18.07.2023, stands stayed, subject to payment of 20% of the fine amount before the Registry of this Court and the petitioner is also allowed to remain on previous bail till returnable date.

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

JUDGE

Comparing Assistant