Sujit Karmakar vs Manash Hazarika And Anr
2024 Latest Caselaw 13 Gua

Gauhati High Court

Sujit Karmakar vs Manash Hazarika And Anr on 3 January, 2024

                                                                      Page No.# 1/2

GAHC010291752023




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

                                Case No. : Crl.Rev.P./571/2023

            SUJIT KARMAKAR
            S/O KARTIK CH. KARMAKAR,
            R/O BORADING ROAD, SIVASAGAR UNDER SIVASAGAR POLICE STATION,
            IN THE DISTRICT OF SIVASAGAR ASSAM.

            VERSUS

            MANASH HAZARIKA AND ANR.
            S/O JUGADHAR HAZARIKA,
            R/O RAD CROSS ROAD, SIVASAGAR UNDER SIVASAGAR POLICE STATION
            IN THE DISTRICT OF SIVASAGAR, ASSAM, PIN- 785697.

            2:THE STATE OF ASSAM
             REP. BY P.P.
            ASSAM

Advocate for the Petitioner   : MR H RAHMAN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 03.01.2024 Heard Mr. D. Talukdar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.

This application under Section 401 read with Section 397 of the Code of Page No.# 2/2

Criminal Prosecutor, 1973 has been filed by the petitioner impugning the judgment and order dated 10.10.2023 passed by the learned Sessions Judge, Sivasagar in Criminal Appeal No. 11(1)/2019 whereby the judgment passed by the learned Additional Chief Judicial Magistrate, Sivasagar in C.R. Case No. NI 44/2012 passed on 02.03.2019 was upheld by the First Appellate Court whereby the present petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for one year and was also sentenced to pay a fine of Rs.30,00,000/- (Rupees Thirty Lakhs) and in default of payment of fine to undergo simple imprisonment for six months more.

Appeal is admitted for hearing.

Issue notice to the respondents.

Since learned Additional Public Prosecutor has appeared for the respondent No. 2, no formal notice need to be issued to respondent No. 2.

As regards respondent No. 1 is concerned, the petitioner shall take steps for issuance of notice to the respondent No. 1 by registered post with A/D within three days from the date of this order, returnable after four weeks.

JUDGE

Comparing Assistant