Hemen Kalita vs Mrityunjay Das
2024 Latest Caselaw 5063 Gua

Gauhati High Court

Hemen Kalita vs Mrityunjay Das on 23 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010141262024




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

                                  I.A.(Crl.)/637/2024

          HEMEN KALITA
          S/O LATE KANTESWAR KALITA
          R/O VILL- PIPLA (BHARALIPARA)
          P.S.-PATACHARKUCHI
          DIST- BARPETA
          ASSAM


           VERSUS

          MRITYUNJAY DAS
          S/O LATE LABA RAM DAS
          R/O NAHATI
          BARPETA TOWN
          WARD NO. 8
          P.S.-BARPETA
          DIST- BARPETA
          ASSAM


          ------------
          Advocate for : MR SARFRAZ NAWAZ
          Advocate for : appearing for MRITYUNJAY DAS



                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 23.07.2024 Heard Mr. S.Nawaz, learned counsel for the applicant.

By filing this interlocutory application under Section 389 Cr.P.C., the applicant Page No.# 2/3

has prayed for suspension of sentence and to allow him to remain on previous bail vide the impugned judgment and order dated 28.06.2024 passed by the learned Additional Sessions Judge, Barpeta in Criminal Appeal No.26 of 2023 upholding the judgment and order dated 31.07.2023 passed by the learned Addl.CJM, Barpeta in NI Case No.12/2019 whereby the applicant was convicted under Section 138 of the NI Act and was sentenced to undergo 6 months rigorous imprisonment and to pay compensation of Rs.6,00,000/- (Six Lakhs).

It is submitted by learned counsel for the appellant that learned courts below erroneously held the applicant's legally enforceable debt or liability to be Rupees Three Lakhs despite the evidence being to the contrary.

It is further submitted that 20% of the awarded compensation has already been paid at the time of admission of the appeal before the Sessions Court which was received by the respondent.

On hearing the learned counsel for the applicant and on perusal of the averments made in the application, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Revision Petition No. 270/2024.

The applicant is allowed to go on fresh bail of Rs.30,000/- with a suitable surety of the like amount to the satisfaction of learned Addl.CJM, Barpeta.

The Interlocutory Application stands disposed of.

JUDGE Page No.# 3/3

Comparing Assistant