Bhujyoti Baishya vs The State Of Assam And Anr
2024 Latest Caselaw 6368 Gua

Gauhati High Court

Bhujyoti Baishya vs The State Of Assam And Anr on 30 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010173552024




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

                                Case No. : Crl.Rev.P./330/2024

            BHUJYOTI BAISHYA
            S/O LATE KANDARPA DAS
            VILL AND P.O. KEOTKUCHI
            P.S. AND DIST. BARPETA, ASSAM



            VERSUS

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

            2:SMTI. KHANITA DAS
            W/O LATE BHUMESWAR DAS
            R/O METUAKUCHI
            WARD NO. 19
             P.O. AND P.S. BARPETA

            DIST. BARPETA
            ASSAM

            PIN-78130

Advocate for the Petitioner   : MR. R ALI, MR H A AHMED

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                    ORDER

Date : 30.08.2024

Heard Mr. R.Ali, learned counsel for the petitioner. Also heard Mr.D.P.Goswami, learned Additional Public Prosecutor, Assam appearing for the State respondent.

By filing this revision petition under Section 438/442/528 of the Bharatiya Nagarik Surakshya Sanhita, 2023, the petitioner has prayed for setting aside/quashing of the impugned order dated 12.12.2023 passed by the learned Additional CJM, Barpeta in NI Case No. 127/2022 convicting the petitioner under Section 138 of the NI Act convicting the petitioner to undergo RI for 4 months and to pay fine of Rs.5, 00,000/- and further sentenced to SI for 2 months in default of the payment of fine amount, which was affirmed by the learned Additional Sessions Judge, Barpeta vide judgment and order dated 23.07.2024 in Criminal Appeal No. 01/2024.

Issue notice to the respondents.

Mr.D.P.Goswami, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1. Extra copy of the petition along with the annexures be furnished to the learned Addl.P.P. during the course of the day.

Petitioner to take steps for service of notice on respondent No.2 by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 3 days.

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Call for the case records.

Registry to procure the records.

List after 02(two) weeks.

JUDGE

Comparing Assistant