Prabhash Patowary vs The State Of Assam And Anr
2024 Latest Caselaw 156 Gua

Gauhati High Court

Prabhash Patowary vs The State Of Assam And Anr on 10 January, 2024

                                                                     Page No.# 1/2

GAHC010004992024




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

                                 Case No. : Crl.Rev.P./11/2024

            PRABHASH PATOWARY
            S/O SHRI BIMAL PATOWARY R/O HOUSE NO. 76 KUSHAL NAGAR P.O.
            BAMUNIMAIDAM PS NOONMATI GUWAHATI 21 KAMRUP M ASSAM



            VERSUS

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

            2:JAHANGIR ALI
             S/O MUSLEM ALI R/O SUNDARBARI P.O. GAUHATI UNIVERSITY P.S
            JALUKBARI KAMRUP M ASSA

Advocate for the Petitioner   : MR J BORAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 10.01.2024 Heard Mr. N. Patiri, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.

This application under Sections 401/397 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner impugning the order dated 21.11.2023 Page No.# 2/2

passed by the learned Additional Session Judge No. 5, Kamrup(M) whereby the appeal preferred by the present petitioner against the judgment and order dated 18.02.2020 passed by the learned Judicial Magistrate First Class, Kamrup(M) in

C.R. Case No. 4200C/2013 was dismissed for default of the petitioner.

By the judgment of the Trial Court, the petitioner was convicted under Section 138 of the NI Act and was sentenced to undergo simple imprisonment for six months and to pay a compensation of Rs.13,00,000/- only to the respondent and in default of payment of compensation to undergo simple imprisonment for two months.

Call for the LCR.

Issue notice to the respondents.

Since learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to the respondent No. 1.

As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice to the respondent No. 2 by registered post with A/D within three days from the date of this order, returnable after three weeks.

JUDGE

Comparing Assistant