Prabhash Patowary vs The State Of Assam
2024 Latest Caselaw 172 Gua

Gauhati High Court

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

                                                                    Page No.# 1/2

GAHC010004992024




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

                                   Case : I.A.(Crl.)/34/2024

          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
          REP BY THE PP
          ASSAM

          2:JAHANGIR ALI
          S/O MUSLEM ALI R/O SUNDARBARI P.O. GAUHATI UNIVERSITY P.S
          JALUKBARI KAMRUP M ASSAM
           ------------
           Advocate for : MR J BORAH
          Advocate for : PP
           ASSAM appearing for THE STATE OF 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 interlocutory application has been preferred by the petitioner under Section 397 of the Code of Criminal Procedure, 1973 praying for suspension of the sentence imposed on the present petitioner by the order dated 18.02.2020 passed by the learned Judicial Magistrate First Class, Kamrup(M) in C.R. Case Page No.# 2/2

No. 4200C/2013 whereby the present petitioner has been 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 with default stipulation.

Learned counsel for the petitioner has submitted that the appeal preferred against the judgment passed by the Trial Court was dismissed for default by the First Appellate Court by the order dated 21.11.2023 passed in Criminal Appeal No. 43/2020 and the present petitioner has preferred a criminal revision petition against the said order which is registered as Criminal Revision Petition No. 11/2024.

Learned counsel for the petitioner has also submitted that the petitioner is presently on bail granted by the Lower Court.

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 on the respondent No. 2 by registered post with A/D within three days from the date of this order, returnable after three weeks.

Since the petitioner has been sentenced to undergo imprisonment only for a limited duration of six months and he is already on bail granted by the Lower Court, the operation of the sentence imposed on the petitioner by the impugned judgment shall remain suspended till the returnable date.

List accordingly.

JUDGE

Comparing Assistant