Citation : 2025 Latest Caselaw 2565 Gua
Judgement Date : 7 August, 2025
Page No.# 1/2
GAHC010110042025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/626/2025
ON THE DEATH OF RAMAVATAR JALAN THE RESONDENT HIS LEGAL
HEIR CHIRAG JALAN
S/O RAVAMATAR JALAN R/O NEHA APARTMENT BLOCK 7A FLAT NO 7903,
SATI JAYMATI ROAD, ATHAGAON, GUWAHATI KAMRUP M ASSAM
VERSUS
PRATAP KUMAR GOGOI
PROPRIETOR OF SURAJEET ENTERPRISE NEAR ULTRA CARE
LABORATORY, JAYANTI APARTMENT, 1ST FLOOR BLOCK B, ASHOK PATH,
SURVEY, BELTOLA GUWAHATI 781028
Advocate for the Petitioner : MR. K BHATTACHARJEE, ABBASH U AHMED
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 07-08-2025
Heard Mr. K. Bhattacharjee, learned counsel appearing for the applicant as well as Mr. N.K. Kalita, learned counsel appearing for the respondent.
2. This is an application under Section 279 of BNSS (corresponding Section 256 of the Code of Criminal Procedure) for substitution of Late Ramavatar Jalan, proprietor of Assam Supply Syndicate Page No.# 2/2
with his legal heir.
3. M/S Dutta Electricals issued a cheque in favour of Late Ramavatar Jalan. The cheque bounced and therefore, Ramavatar Jalan filed a complaint case against M/S Dutta Electricals. The trial court convicted Sri Biplab Dutta, the proprietor of M/S Dutta Electricals. After the judgment, some amount of money was paid to Ramavatar Jalan and some amount of money is yet to be paid.
4. In the meantime, Ramavatar Jalan died and therefore, his legal heir needs to be impleaded in the connected revision petition.
5. After hearing the learned counsels of both sides, the prayer of the applicant is allowed. The legal heir of Ramavatar Jalan namely, Sri Chirag Jalan shall be impleaded in his place in the connected petition.
6. Accordingly, the Registry shall make the necessary correction in the cause title of the petition.
7. With the aforesaid direction, the interlocutory application stands disposed of
JUDGE
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