Bishnu Prasad Rajbhar vs The State Of Assam And Anr
2024 Latest Caselaw 8410 Gua

Gauhati High Court

Bishnu Prasad Rajbhar vs The State Of Assam And Anr on 18 November, 2024

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GAHC010238862024




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

                                Case No. : Crl.Rev.P./460/2024

            BISHNU PRASAD RAJBHAR
            S/O LATE LALDEO RAJBHAR
            R/O RLY. QTR. NO. E/109/A,
            B.G. COLONY, P.O. AND P.S. FAKIRAGRAM
            DIST. KOKRAJHAR, ASSAM
            PIN-783345



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM

            2:PINTU KUMAR CHAUDHARY
             S/O LATE GAURI SHANKAR CHAUDHARY
            R/O NEW BONGAIGAON
             STATION MARKET
             P.O. NEW BONGAIGAON
             P.S. AND DIST. BONGAIGAON
            ASSA

Advocate for the Petitioner   : MR H DAS, D BARUAH

Advocate for the Respondent : PP, ASSAM,
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                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                     ORDER

Date : 18.11.2024

Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent No. 1.

This is an application under Section 442 and 438 of BNSS praying for setting aside the impugned judgment and order dated 09.08.2023, passed by

the learned Judicial Magistrate 1st Class, Bongaigaon, Assam in NICR Case No. 22/2022, as well as the impugned judgment and order dated 18.09.2024, passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 22/2023, whereby the payment of fine of Rs. 3,60,000/- under Section 138 of N.I. Act in default to undergo S.I. for 4 (four) months remain intact.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent No. 1, has entered appearance and accepted notice on behalf of the said respondent, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra copy of the petition, if not already furnished, during the course of the day.

Petitioner side shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as through usual process within 4 (four) Page No.# 3/3

days.

Also, call for the records from the learned Courts below.

List after 4 (four) weeks.

JUDGE

Comparing Assistant