Gauhati High Court
Mustt Rahida Begam vs The State Of Assam And Anr on 6 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010153752025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./278/2025
MUSTT RAHIDA BEGAM
W/O MD. DILWAR HUSSAIN
CASTE-MOBC
R/O LIKHAK GAON, P.O. PITHAKHOWA
P.S. TEZPUR, DIST. SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:MD RIAZUL HAQUE
S/O LATE ABDUL AZIZ SHEIKH
RESIDENT OF LALMATI
P.O. AND P.S. TEZPUR
DIST. SONITPU
Advocate for the Petitioner : MR. R BARUAH,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 06.08.2025
Heard Mr. R. Baruah, learned counsel for the petitioner and Mr. M.P. Goswami, learned
Additional Public Prosecutor for the respondent nos. 1, State of Assam.
2. This criminal revision petition under Section 442 read with Section 438, Bharatiya
Nagarik Suraksha Sanhita [BNSS], 2023 is preferred to assail a Judgment and Order dated
28.05.2025 passed by the Court of learned Additional Session Judge [FTC], Sonitpur at
Tezpur ['the Appellate Court', for short] in Criminal Appeal no. 21/2022 whereby the Appellate
Court while dismissing the criminal appeal preferred by the petitioner, has affirmed a
Judgment and Order dated 12.10.2022 of conviction and sentence passed by the Court of
learned Judicial Magistrate, First Class, Sonitpur at Tezpur ['the Trial Court', for short] in N.I.
Case no. 59/2012. The Trial Court finding the petitioner, who was the accused in N.I. Case no.
59/2012, guilty of the offence under Section 138, Negotiable Instrument Act has sentenced
the petitioner to undergo rigorous imprisonment for three months and to pay a fine of Rs.
6,00,000/-, in default of payment of fine, to undergo rigorous imprisonment for another one
month.
3. I have gone through the grounds urged in the instant criminal revision petition. The
criminal revision petition is admitted for hearing.
4. The case records of Criminal Appeal no. 21/2022 and N.I. Case no. 59/2012 be called
for.
5. Issue notice, returnable on 15.09.2025.
6. As Mr. Goswami has appeared and accepted notice on behalf of the respondent no. 1,
issuance of notice in respect of the said respondent stands dispensed with. The learned
counsel for the petitioner shall serve an extra copy of the petition along with annexures, to
Mr. Goswami within 3 [three] working days from today.
7. The petitioner shall take steps for service of notice upon the respondent no. 2 by
registered post with A/D as well as by usual process within 3 [three] working days from
today.
8. Heard the learned counsel for the parties also on the interim prayer and the
accompanying interlocutory application, I.A. [Crl.] 777/2025.
9. The learned counsel for the petitioner has contended that there was no service of the
demand notice.
10. Having heard the learned counsel for the parties, this Court is of the considered view
that till disposal of the instant criminal revision petition, the remaining part of the execution
of the sentence passed against the petitioner can be suspended subject to condition that the
petitioner deposits 20% of the fine amount of Rs. 6,00,000/-, that is, Rs. 1,20,000/- before
the Registry within a period of forty-five days from today. It is accordingly ordered that
subject to deposit of Rs. 1,20,000/- by the petitioner before the Registry within a period of six
weeks from today, the execution of the remaining part of the sentence passed against the
petitioner shall remain suspended. It is further observed that the petitioner shall be allowed
to go on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to
the satisfaction of the Trial Court. On the returnable date, the petitioner shall place the
documentary evidence as regards the deposit of the amount of Rs. 1,20,000/- before the
Registry within the stipulated period. The continuation of the interim order will be considered
on the basis of the evidence to be submitted by the petitioner regarding deposit of the sum
of Rs. 1,20,000/-.
11. List the case on 15.09.2025.
JUDGE
Comparing Assistant
