Binapani Kalita vs Rakltim Tarpan Hazarika
2024 Latest Caselaw 8647 Gua

Gauhati High Court

Binapani Kalita vs Rakltim Tarpan Hazarika on 25 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010205002024




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

                                  Case No. : Crl.Rev.P./471/2024

            BINAPANI KALITA
            W/O SRI NRIPEN KALITA
            R/O GEETANAGAR, AMAR PATH, MOTHER TERESA ROAD,
            P.O. ZOO ROAD,
             P.S. GEETANAGAR, GUWAHATI-781024, DIST. KAMRUP (M), ASSAM, PH.
            NO. 8471944947



            VERSUS

            RAKLTIM TARPAN HAZARIKA
            S/O LATE KULADHAR HAZARIKA
            R/O GEETANAGAR, AMAR PATH,
            P.O. ZOO ROAD, P.S. GEETANAGAR, GUWAHATI-781024, DIST. KAMRUP
            (M), ASSAM



Advocate for the Petitioner   : MR P DAS, MR P PRAWAR,MR Y KOTHARI,MR. N KOTHARI

Advocate for the Respondent : ,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : 25.11.2024

Heard Mr. P.Das, learned counsel for the petitioner.

Page No.# 2/2

By filing this application under Section 438/442/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner has prayed for setting aside and quashing of the impugned judgment and order dated 30.11.2022 passed by the

learned JMFC, Kamrup (M) in C.R.Case No.6561 C/2018 convicting the petitioner u/s 138 of the NI Act and sentenced to SI for 6 months and to pay fine of Rs.60,000/-. On appeal, the period of sentence was reduced to 2 months and the fine amount remained as same vide the impugned Judgment and order dated 31.07.2024 passed by the learned Addl.Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati in Criminal Appeal No. 92/2022.

Issue notice to the respondent.

Petitioner to take steps for service of notice on respondent 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 pertaining to C.R.Case No.6561 C/2018. Registry to procure the records.

List after four weeks.

JUDGE

Comparing Assistant