Ujjaldip Gogoi vs The State Of Assam And Anr
2025 Latest Caselaw 4802 Gua

Gauhati High Court

Ujjaldip Gogoi vs The State Of Assam And Anr on 22 August, 2025

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GAHC010186392025




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

                                 Case No. : Crl.Rev.P./342/2025

            UJJALDIP GOGOI
            SON OF DHARANI GOGOI
            R/O WARD NO. 2, AKAALACHIT NAGAR, SILAPATHAR
            DHEMAJI, DIST. DHEMAJI, ASSAM, PIN-787059.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:RAMDEO DISTRIBUTORS

             REPRESENTED BY ITS MANAGER NAMELY SHANKAR JYOTI NATH
             AT RAMDEO HOUSE NO. 12
             N.S. ROAD

            GUWAHATI-781009
            DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. P DUTTA,

Advocate for the Respondent : PP, ASSAM,




             Linked Case : I.A.(Crl.)/902/2025

            UJJALDIP GOGOI
            SON OF DHARANI GOGOI R/O WARD NO. 2
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           AKAALACHIT NAGAR
           SILAPATHAR DHEMAJI
           DIST. DHEMAJI
           ASSAM
           PIN-787059.


           VERSUS

          THE STATE OF ASSAM AND ANR
          REP. BY THE PP
          ASSAM

          2:RAMDEO DISTRIBUTORS

          REPRESENTED BY ITS MANAGER NAMELY SHANKAR JYOTI NATH
          AT RAMDEO HOUSE NO. 12
          N.S. ROAD
          GUWAHATI-781009
          DIST. KAMRUP (M)
          ASSAM
          ------------
          Advocate for : MR. P DUTTA
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                               BEFORE
            HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                   ORDER

22.08.2025

1. The applicant Ujjaldip Gogoi is aggrieved by the impugned judgment and order dated 09.07.2025 passed by the learned Special Judicial Magistrate, Kamrup (M), in connection with N.I. Case No. 7072/2023, convicting and sentencing the applicant under Section 138 of the N.I. Act to pay a fine of Rs. 3,15,000/- with default stipulation and to undergo simple imprisonment for a period of 1 month. The applicant then preferred an appeal before the learned Special Judge, Kamrup (M) which was not admitted. It is submitted that the Page No.# 3/3

appeal was not admitted on frivolous grounds. The applicant is prejudiced as his appeal was not admitted and he has submitted that there is every possibility that his appeal will succeed. The applicant has also prayed to stay the impugned judgment and order dated 09.07.2025.

2. Heard learned Additional Public Prosecutor, Mr. M. P. Goswami for respondent No. 1. Learned Additional Public Prosecutor has accepted notice on behalf of respondent No. 1 and thus no formal notice is required to be issued. Sufficient copies to be furnished during the course of the day.

3. Considering the submission on behalf of the applicant, it appears that further operation of the order of conviction and sentence may be suspended. Thereby, the operation of order of conviction and sentence vide impugned judgment and order dated 09.07.2025 in connection with N.I. Case No. 7072/2023 is stayed until further orders subject to condition that the applicant deposits 20% of the fine amount before the learned Trial Court i.e., Special Judicial Magistrate, Kamrup (M), within 2 months from the date of this order.

4. As prayed for, the applicant is also allowed to remain on previous bail, until further orders.

5. In terms of the above observation, this I.A. stands disposed of.

JUDGE

Comparing Assistant