Sri Loknath Sonowal vs Sri Ajay Poddar
2025 Latest Caselaw 6389 Gua

Gauhati High Court

Sri Loknath Sonowal vs Sri Ajay Poddar on 27 August, 2025

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GAHC010177892025




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

                                  Case No. : Crl.Rev.P./312/2025

            SRI LOKNATH SONOWAL
            S/O LATE BHULA SONOWAL, RESIDENT OF - NO. 2, KATHALGURI, P.O. -
            BHADOI PANCHALI, P.S. - DULIAJAN, DIBRUGARH, PIN - 786191, DISTRICT
            - DIBRUGARH, ASSAM

            VERSUS

            SRI AJAY PODDAR
            S/O SRI BISWANATH PODDAR RESIDENT OF - JYOTINAGAR, DIBRUGARH,
            P.O., P.S. AND DISTRICT - DIBRUGARH, ASSAM, PIN - 786001



Advocate for the Petitioner   : MR Z ALAM, R ISLAM,MS. S NAZNEEN

Advocate for the Respondent : ,
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                                    BEFORE
              HON'BLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

27-08-2025

Heard Mr. Z. Alam, learned counsel for the petitioner.

This is an application under Section 442 read with Section 438 of the BNSS, 2023 against the judgment and order dated 30.06.2025, passed by the learned Additional Sessions Judge, Dibrugarh in Crl. A. No. 29/2024, arising out of N. I.

Case No. 14c/2014, whereby, the appeal of the appellant was dismissed upholding the order dated 18.07.2024, passed by the learned Sub-Divisional

Judicial Magistrate (Sadar), Dibrugarh in N.I. Case No. 14 c/2014.

Learned counsel for the petitioner further submitted that before the same Court, the complainant also instituted a revision, claiming compensation amount, wherein, the revision was allowed and the present petitioner is directed to pay Rs.2,00,000/- (Rupees Two Lakh) as compensation.

Issue notice returnable by 4(four) weeks.

Call for the scanned copy of the records of (i) N. I. Case No.14 c/2014, (ii) Crl. Appl. No. 29/2024 as well as Crl. Revision No.42/2024.

Petitioner shall take steps for service of notice on the respondent by Registered post with A/D as well as through usual process.

Till the returnable date, the execution of the order dated 30.06.2025 passed by the learned Additional Sessions Judge, Dibrugarh in Crl. A. No. 29/2024,

arising out of N. I. Case No. 14 c/2014 is stayed subject to payment of 20% of the cheque amount under Section 148 of the N. I. Act.

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Further, the petitioner is allowed to remain on previous bail, till disposal of the present revision petition.

The 20% of the cheque amount shall be deposited by the petitioner before the learned Trial Court within a period of 4 (four) weeks and will also furnish the compliance report.

List this matter after 4 (four) weeks.

JUDGE

Comparing Assistant