Bikash Chandra Das vs Bhaiti Das And Anr
2024 Latest Caselaw 8631 Gua

Gauhati High Court

Bikash Chandra Das vs Bhaiti Das And Anr on 25 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/3

GAHC010244712024




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

                                Case No. : Crl.Rev.P./472/2024

            BIKASH CHANDRA DAS
            S/O LATE ABHIMANYA DAS
            R/O QTR. NO. 527/A, BGAR TOWNSHIP, P.O. AND .S. DHALIGAON, DIST.
            CHIRANG, BTR, ASSAM



            VERSUS

            BHAITI DAS AND ANR
            S/O LATE ANIL DAS
            R/O IOCL QTR. NO. 211/F, BGR TOWNSHIP, P.O. AND P.S. DHALIGAON,
            DIST. CHIRANG, BTR, ASSAM, PIN-783385

            2:THE STATE OF ASSAM
             REPRESENTED BY THE PP
            ASSA

Advocate for the Petitioner   : MR. B J MUKHERJEE, MS R SAHA,A SAHA

Advocate for the Respondent : PP, ASSAM,

                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date :25.11.2024

Heard Mr. B.J.Mukherjee, learned counsel for the petitioner and Mr. D.P.Goswami, learned Addl.P.P. for the State respondent No.2.

By filing this application under Section 438/442 of the Bharatiya Nagarik Page No.# 2/3

Suraksha Sanhita, 2023, the petitioner has prayed for setting aside the Judgment and Order dated 30.07.2024 in connection with N.I.C.R. Case No. 03/2023 passed by the learned Addl.CJM, Chirang, Kajalgaon convicting the petitioner u/s 138 of the NI Act and sentenced to undergo SI for 6 months and to pay fine of Rs.8,50,000/- i/d to undergo further SI for 6 months which has been affirmed by the learned Sessions Judge, Chirang, Kajalgaon vide Judgment and order dated 30.09.2024 in Criminal Appeal No.13/2024 and to allow him to remain on previous bail.

Issue notice to the respondents.

As Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.2, no notice need be issued to respondent No.2. Extra copy be furnished.

Petitioner to take steps for service of notice on respondent No.1 by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 7 days.

Call for the trial court records.

Registry to procure the records.

In the meantime, it is provided that the operation of the sentence vide the Judgment and Order dated 30.07.2024 passed in N.I.C.R. Case No. 03/2023 shall remain stayed till disposal of the criminal revision and the petitioner is allowed to remain on previous bail till disposal of the criminal revision.

List after four weeks.

JUDGE Page No.# 3/3

Comparing Assistant