Jayanta Bora vs The State Of Assam And Anr
2023 Latest Caselaw 4053 Gua

                                                                                           Page No.# 1/2

GAHC010223822023




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

                                    Case No. : Crl.Pet./1074/2023

             JAYANTA BORA
             S/O LATE GOKUL CHANDRA BORA
             R/O KUSHAL KONWAR PATH, KACHALUKHOWA UNDER P.O.
             KACHALUKHOWA, P.S. NAGAON, IN THE DISTRICT OF NAGAON, ASSAM


             VERSUS

             THE STATE OF ASSAM AND ANR.
             REP. BY THE LD. PP TO THE GOVT. OF ASSAM

             2:SRI DIBYAJYOTI BARUAH
              S/O LATE BHOLANATH BARUAH
             R/O KUSHAL KONWAR PATH
              KACHALUKHOWA UNDER P.O. KACHALUKHOWA AND P.S. NAGAON
              IN THE DISTRICT OF NAGAON
             ASSA

Advocate for the Petitioner : MR G CHOUDHURY
Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                         HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                                ORDER

Date : 29.09.2023

Heard Mr. G. Choudhury, learned counsel for the petitioner and also heard Mr. D. Das, learned Addl. P.P. for the State respondent.

In this petition u/s 482 Cr.P.C. the petitioner, namely Jayanta Bora has challenged the correctness or otherwise of the order, dated 17.5.2023, passed by learned Chief Judicial Magistrate, Nagaon in NI Page No.# 2/2

Case No. 68 of 2016. It is to be noted here that vide order dated 17.5.2023, the learned court below has issued non-bailable warrant of arrest against the petitioner at the instance of the complainant in the said case. It is to be noted here that the petitioner stood convicted u/s 138 of N.I. Act and sentenced to pay a fine of Rs.21,86,000/- with default stipulation by the learned Chief Judicial Magistrate, Nogaon and against the said judgment and order the petitioner has preferred one appeal before the learned Sessions Judge, Nagaon and learned Sessions Judge, Nagaon vide order dated 12.4.2023 in Crl.Appl.77/2019 has upheld the judgment passed by the learned C.J.M, Nagaon.

Mr. Choudhury, learned counsel for the petitioner submits that on 17.5.2023, the respondent has filed a petition for issuing non-bailable warrant of arrest against the petitioner and then the learned court below has issued non-bailable warrant of arrest. Mr. Choudhury further submits that learned court below, while imposing the sentence u/s 138 N.I Act, directed to pay the petitioner to pay a fine of Rs.21,86,000/- with default stipulation of S.I. for five years and learned Court below further directed the petitioner to pay interest @ 9% on Rs.10,93,000/- from the date of acknowledgement of notice and further directed to pay compensation of Rs. 5,00,000/- and in the event of not paying the amount, directed that the same shall be recovered in term of Section 421 Cr.P.C, read with Section 431 Cr.P.C. Mr. Choudhury further submits that in Section 138 NI Act, there is no provision for payment of interest and as such, the order dated 9.9.2019 by which the petitioner was convicted, suffers from manifest illegality and therefore, the petitioner had filed one revision petition before this court and the same is pending at the motion stage and therefore, till disposal of the said revision petition, Mr. Choudhury contended to stay execution of the NBWA issued against the petitioner. On the other hand, Mr. D. Das, learned Addl. P.P. submits that notice may be issued to the respondent, at this stage.

Having heard the submission of learned Advocate of both sides, it is provided that let notice be issued to the respondent No.2 returnable in four weeks.

Steps be taken upon the respondents by registered post and also by usual process within a week from today.

However, no formal notice is required to be issued to respondent No.1, since Mr.D.Das, learned Addl. P.P. appeared and accepted notice. However, extra requisite copy of the petition be furnished to her during the course of the day.

Having regards to the submission of learned counsel for the petitioner and also considering the facts and circumstances of the case and further considering the provision of Section 138 of N.I.Act, this Court is inclined to stay the execution of NBWA till the returnable date. List the matter after four weeks.

JUDGE

Comparing Assistant