Mridul Baishya vs Pragati Impex Limited And Anr
2024 Latest Caselaw 179 Gua

Gauhati High Court

Mridul Baishya vs Pragati Impex Limited And Anr on 10 January, 2024

                                                                     Page No.# 1/2

GAHC010295732023




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

                                 Case No. : Crl.Rev.P./8/2024

            MRIDUL BAISHYA
            S/O RAJENDRA NATH BAISHYA
            R/O VILL- KHETRI (SAKURA)
            P.O. AND P.S. KHETRI
            DIST. KAMRUP (M), ASSAM

            VERSUS

            PRAGATI IMPEX LIMITED AND ANR
            REP. BY ITS DIRECTOR MR. NARENDER KUMAR SETHIA CHAND MARKET,
            A.T. ROAD, GUWAHATI-781001, DIST. KAMRUP (M), ASSAM

            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSA

Advocate for the Petitioner   : MR. R SARMA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 10.01.2024 Heard Mr. R. Sarma, learned counsel for the petitioner.

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

dated 30.09.2023 passed by the learned Additional Sessions Judge No. 1, Kamrup(M) in Criminal Appeal No. 41/2020 affirming and upholding the judgment and order of conviction dated 18.02.2020 passed by the learned Judicial Magistrate, First Class, Kamrup(M) in C.R. Case No. 1858/2018 whereby the present petitioner was convicted under Section 138 of the NI Act, 1881 and was sentenced to undergo simple imprisonment for two months and to pay a fine of Rs.2,50,000/- as compensation to the respondent and to undergo further simple imprisonment for two months in default of payment of said fine.

Call for the LCR.

Issue notice to the respondents.

The petitioner shall take steps for issuance of notice by registered post with A/D within three days from the date of this order, returnable after three weeks.

List accordingly.

JUDGE

Comparing Assistant