Farid Uddin Laskar vs Manjur Alom Laskar
2024 Latest Caselaw 71 Gua

Gauhati High Court

Farid Uddin Laskar vs Manjur Alom Laskar on 5 January, 2024

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GAHC010274332023




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

                                Case No. : Crl.Rev.P./524/2023

            FARID UDDIN LASKAR
            S/O LATE MASARAF ALI LASKAR
            R/O SONABARIGHAT PT.II
            P.S. SILCHAR
            DIST. CACHAR, ASSAM



            VERSUS

            MANJUR ALOM LASKAR
            S/O LATE LIAQUAT ALI LASKAR
            R/O SONABARI GHAT, PT.II
            P.S. SILCHAR
            DIST. CACHAR, ASSAM



Advocate for the Petitioner   : MR. J LASKAR

Advocate for the Respondent : MS. S. DEY




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : --05.01.2024

Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard learned counsel Mr. M.H. Borbhuiya for the respondent.

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The petitioner Farid Uddin Laskar has filed this application u/s 401 read with section 397 Cr.PC challenging the legality and propriety of the judgment and order dated 06.11.2023 passed in Crl.A.No.19/2022 by the learned Addl. Sessions Judge (FTC), Cachar, Silchar dismissing the appeal and upholding the order of the learned Chief Judicial Magistrate, Cachar, Silchar dated 10.05.2022 in C.R. (N.I.) Case No. 111/2018 convicting the petitioner u/s 138 of the N.I. Act and sentencing him to undergo S.I. for 3 months and to pay a fine of Rs. 6 lacs with default stipulation. The petitioner has also filed an additional affidavit stating that the petitioner who is 73 years is ailing and he is unable to pay 20% of the fine amount. Seen the medical reports and the documents submitted and marked as Annexure-1 of the additional- affidavit.

I have considered the submissions at the Bar with circumspection.

Matter is admitted for hearing positively on 06.02.2024.

Till then, the petitioner is exempted from depositing the 20% of the fine amount.

Meanwhile, the impugned judgment and order mentioned above is stayed till the next date.

JUDGE

Comparing Assistant