Smt. Jamuna Ray vs Smt. Manimala Das
2025 Latest Caselaw 2720 Gua

Gauhati High Court

Smt. Jamuna Ray vs Smt. Manimala Das on 12 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                   Page No. 1/2

GAHC010170352025




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

                                Case No. : Crl. Rev. P./255/2025


            SMT. JAMUNA RAY
            D/O- TARANIKANTA RAY.
            R/O- BHATIPARA
            P.O AND P.S BONGAIGAON.
            DIST.- BONGAIGAON
            ASSAM. PIN-783380.

             VERSUS

            SMT. MANIMALA DAS
            W/O- SRI BHAITI DAS.
            R/O- IOCL BGR TOWNSHIP.
            QTR NO.- 211/F
            P.O.- DHALIGAON P.S.- KAJALGAON
            DIST- CHIRANG
            ASSAM
            PIN-783385.

            Advocate for : MR. B J MUKHERJEE
            Advocate for : appearing for SMT. MANIMALA DAS

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                           ORDER

Date : 12.08.2025

Heard Mr. B.J. Mukherjee, learned counsel for the revision petitioner.

2. The instant criminal revision petition under Section 438 read with Section 442, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment and Order

dated 16.06.2025 passed by the Court of learned Sessions Judge, Chirang at Kajalgaon ['the Appellate Court'] in Criminal Appeal Case no. 20/2025 whereby the Appellate Court while partly allowing the appeal preferred by the petitioner herein modifying the sentence part, has affirmed a Judgment and Order dated 08.04.2025 passed by the Court of learned Additional Chief Judicial Magistrate, Chirang, Kajalgaon ['the Trial Court'] in NICR Case no. 13/2022 in so far as the conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act is concerned.

3. The Trial Court after holding the revision petitioner guilty of the offence under Section 138 of the NI Act, had sentenced the revision petitioner to pay an amount of Rs. 12,00,000/- as fine to the complainant and, in default of payment of fine, to undergo simple imprisonment for six months. The Appellate Court while affirming the conviction, has interfered with the sentence for payment of the fine amount Rs. 12,00,000/- by reducing it to Rs. 9,00,000/-, without interfering with the default stipulation.

4. I have gone through the grounds urged in the revision petition.

5. The revision petition is admitted for hearing, subject to compliance of the conditions set forth in the order passed today in the accompanying interlocutory application, I.A.[Crl.] no. 820/2025.

6. The case records of Criminal Appeal Case no. 20/2025 and NICR Case no. 13/2022 be called for.

7. Issue notice, returnable in 4 [four] weeks.

8. The revision petitioner shall take steps for service of notice upon the respondent by registered post with A/D as well as by usual process within 2 [two] working days from today.

JUDGE

Comparing Assistant