Gokul Saha vs The State Of Assam And Anr
2024 Latest Caselaw 6382 Gua

Gauhati High Court

Gokul Saha vs The State Of Assam And Anr on 30 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/3

GAHC010173382024




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

                                Case No. : Crl.Rev.P./329/2024

            GOKUL SAHA
            S/O GOBINDA SAHA
            R/O UTTAR ATHIYABARI KRISHNA NAGAR, P.S. BARPETA ROAD,
            DIST. BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            TO BE REP. BY THE PP, ASSAM

            2:ROY 14
             REPRESENTED BY PROPRIETOR RAJU ROY

            R/O BARPETA ROAD

            WARD NO. 2
            P.S. BARPETA ROAD

            DIST. BARPETA
            ASSAM
            PIN-78130

Advocate for the Petitioner   : MR. S J SARMAH, MR R DAS

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

                                    ORDER

Date :30.08.2024

Heard Mr. SJ Sarmah, 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, r/w Article 227 of the Constitution of India, the petitioner has prayed for setting aside/ quashing of the impugned judgment and order dated 05.07.2024 in Criminal Appeal No. 30/2023 passed by the learned Sessions Judge Barpeta, arising out of judgment and order dated 11.07.2023 passed by the learned CJM, Barpeta in NI Case No. 61/2016 under Section 138 of the NI Act whereby the petitioner was directed to pay fine of Rs.3,20,000/- and in default of payment of fine 6 months simple imprisonment.

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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The prayer for stay will be considered after appearance of the respondent No.2.

Call for the trial court records.

Registry to procure the records.

List after 04(four) weeks.

JUDGE

Comparing Assistant