Abani Kumar Das vs Ratan Choudhury
2024 Latest Caselaw 379 Gua

Gauhati High Court

Abani Kumar Das vs Ratan Choudhury on 24 January, 2024

                                                                               Page No.# 1/2

GAHC010013252024




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

                                Case No. : Crl.Rev.P./25/2024

            ABANI KUMAR DAS
            S/O LATE GARGA NARAYAN DAS
            R/O VILL- MAJKUCHI
            P.O. PATBAUSHI
            P.S. BARPETA,
            DIST. BARPETA, ASSAM



            VERSUS

            RATAN CHOUDHURY
            S/O LATE KUMUD CHOUDHURY
            PERMANENT ADDRESS- R/O VILL- MAJKUCHI,
            P.O. PATBAUSHI
            P.S. BARPETA,
            DIST. BARPETA, ASSAM
            RENTED ADDRESS-
            GHORAMARA HATI, BARPETA
            P.O. AND P.S. BARPETA
            DIST. BARPETA, ASSAM


Advocate for the Petitioner   : MR. B CHOWDHURY

Advocate for the Respondent :


                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : --24.01.2024

Heard Mr. B. Chowdhury, learned counsel for the petitioner Abani Kumar Das.

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The petitioner has filed this application under Sections 397/401/482 of the Cr.PC challenging the legality and propriety of the order dated 08.12.2023 passed by the learned Sessions Judge, Barpeta in Criminal Appeal No. 16/2023 upholding the order dated 06.04.2023 in N.I. Case No. 65/2020 passed by the learned SDJM, Barpeta convicting the petitioner u/s 138 N.I. Act to undergo Simple Imprisonment for 3 months and to pay a compensation of Rs. 10 lacs with default stipulation.

The petitioner to take steps to issue notice to respondent through registered post with A/D as well as usual process within 4 weeks.

Call for the scanned copies of the LCR of Criminal Appeal No. 16/2023 and N.I. Case No. 65/2020 from the respective Courts.

It is submitted on behalf the appellant that the appellant had already deposited 25% of the cheque amount before the appellate court. The learned counsel for the appellant has prayed to stay the order of conviction and sentence dated 06.04.2023 in N.I. Case No. 65/2020 passed by the learned SDJM, Barpeta and the judgment and order dated 08.12.2023 passed by the learned Sessions Judge, Barpeta in Criminal Appeal No. 16/2023. The petitioner has also submitted the certified copies of the orders dated 24.07.2023 and 08.09.2023 of Criminal Appeal No. 16/2023 wherein it is reflected that the petitioner has deposited 25% of the cheque amount of Rs. 8 lacs.

The certified copies will form a part of the records.

The petitioner has made out a prima facie case for stay of the impugned judgment and orders captioned above.

The operation of the impugned judgment and orders dated 06.04.2023 in N.I. Case No. 65/2020 and judgment and order dated 08.09.2023 of Criminal Appeal No. 16/2023 is stayed till the next date.

List accordingly.

JUDGE

Comparing Assistant