Citation : 2024 Latest Caselaw 7898 Gua
Judgement Date : 29 October, 2024
Page No.# 1/3
GAHC010045612024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/271/2024
RAJON BHATTACHARJEE
S/O LATE ANIL KUMAR BHATTACHARJEE,
R/O SUBHAS NAGAR, KARIMGANJ TOWN,
P.O. AND P.S. KARIMGANJ, DIST. KARIMGANJ, ASSAM
PIN-788710
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, GOVT. OF ASSAM
2:AJOY LOHAR
S/O SRI ANIL LOHAR
R/O VILL- CHOTODUDHPATIL PART- IV
P.O. HATTICHERA
P.S. SILCHAR
DIST. CACHAR
ASSAM
PIN-78803
Advocate for the Petitioner : MR A B DEY, MR. S SUTRADHAR
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 29.10.2024
Heard Mr. A.B.Dey, learned counsel for the applicant as well as Mr. B.Sarma, learned Addl. P.P., appearing for the State/opposite party No. 1. None appears for the opposite party No.2.
By filing this application under Section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 73 days in filing the connected Criminal Revision Petition against the Judgment and Order dated 08.08.2023 passed by the learned Addl.Sessions Judge, Cachar, Silchar in Criminal Appeal No.51/2019 affirming the judgment and order dated 25.09.2019 passed by the learned Addl.CJM, Cachar, Silchar in CR (NI) Case No. 83/2013 under Section 138 of the NI Act whereby the applicant was convicted and sentenced to undergo SI for one year and to pay Rs.1,38,060/- as compensation to the complainant.
As per order, dated 18.09.2024, service is complete in respect of opposite party No.2.
Upon hearing the learned counsel for the applicant and on perusal of the grounds of delay, the prayer of the applicant is allowed.
Accordingly, the delay of 73 days is condoned.
Registry to register the connected Criminal Revision Petition and list the same for admission.
The interlocutory application stands disposed of.
JUDGE Page No.# 3/3
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