Gopeswar Das vs Bishnu Ananda Basumatary And Anr
2024 Latest Caselaw 3185 Gua

Gauhati High Court

Gopeswar Das vs Bishnu Ananda Basumatary And Anr on 10 May, 2024

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GAHC010080262024




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

                                Case No. : Crl.Rev.P./179/2024

            GOPESWAR DAS
            S/O SRI KHUCHI MOHAN DAS, R/O DENARTARY, DIST-BARPETA, ASSAM,
            PIN-781301



            VERSUS

            BISHNU ANANDA BASUMATARY AND ANR.
            S/O LT. BIREN CHANDRA BASUMATARY, R/O WARD NO. 12, SWMDWM
            NWGWR, P.S.-BONGAIGAON, DIST- BONGAIGAON, ASSAM

            2:STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR. D DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                            ORDER

Date : 10.05.2024

Heard Mr. B.J. Mukherjee, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent No. 2.

2. In this revision petition, under Section 397, read with Section 401 of the Page No.# 2/3

Cr.P.C., the petitioner, namely, Gopeswar Das has put to challenge the correctness or otherwise of the judgment and order, dated 22.09.2023, in NICR Case No. 11/2021, passed by the learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon and also the judgment and order dated 12.01.2024, in Criminal Appeal No. 09/2023, passed by the learned Sessions Judge, Chirang at Kajalgaon.

3. It is to be noted here that vide impugned judgment and order dated 22.09.2023 in NICR Case No. 11/2021, the learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon has convicted the petitioner under Section 138 of the N.I. Act and sentenced him to suffer simple imprisonment for six months and also to pay a fine of Rs. 7,50,000/-, with default stipulation. And vide impugned judgment and order dated 12.01.2024, in Criminal Appeal No. 09/2023, the learned Sessions Judge, Chirang at Kajalgaon has affirmed the conviction and sentence of the petitioner, so handed down by the learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon in its judgment and order dated 22.09.2023, in NICR Case No. 11/2021.

4. I have perused the petition and the documents placed on record and also perused the impugned judgment and orders dated 22.09.2023 and 12.01.2024.

5. Let notice be issued to the respondents returnable in four weeks.

6. Steps be taken upon the respondent No. 1 by way of registered post with A/D as well as through usual process within a week from today.

7. No formal notice is required to be issued upon the respondent No. 2 as Mr. Gogoi, learned Additional Public Prosecutor appears and accepts notice. However, extra requisite copies of the petition be furnished to him during the course of the day.

8. Registry shall call for the record from the learned Courts below.

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9. The petitioner shall deposit 20% of the fine amount before the Registry of this Court within a period of one month from today as per the provision of Section 148 of the N.I Act.

10. List the matter after four weeks.

JUDGE

Comparing Assistant