Bipul Chandra Das vs The State Of Assam And Anr
2025 Latest Caselaw 9506 Gua

Gauhati High Court

Bipul Chandra Das vs The State Of Assam And Anr on 16 December, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No. 1/2

GAHC010273992025




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

                                Case No. : Crl.Rev.P./526/2025

            BIPUL CHANDRA DAS
            S/O GHANA DAS, R/O UDAIPUR, P.O. AND P.S. MERAPANI, DIST.
            GOLAGHAT, ASSAM.

            VERSUS

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

            2:M/S ARUNODOI ENTERPRISE
             REPRESENTED BY PARTNER SRI MUKUT SARMA
             S/O LATE BHUPENDRA SARMA
             R/O BORPABHOJAN GAON
             P.O. AND P.S. BORPATHAR
             DIST. GOLAGHAT
            ASSAM

Advocate for the Petitioner   : MR. B D GOSWAMI, MR. J M GOGOI

Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 16.12.2025

Heard Mr. B.D. Goswami, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal revision petition is directed against a Judgment dated 19.09.2025 passed

by the Court of Sessions, Golaghat ['the Appellate Court', for short] in Criminal Appeal no. 26/2024 whereby the Appellate Court has affirmed a Judgment and Order dated 11.07.2024 passed by the Court of Sub-Divisional Judicial Magistrate, Dhansiri, Sarupathar ['the Trial Court', for short] in Complaint Petition no. 06/2022, while dismissing the appeal. By the Judgment and Order dated 11.07.2024, the learned Trial Court after finding the petitioner, who was arraigned as the accused, guilty of the offence under Section 138 of the Negotiable Instruments [NI] Act, 1881, as amended, convicted him accordingly. The petitioner has been sentenced to undergo simple imprisonment of 6 [six] months and to pay a fine of Rs. 9,00,000/- to the complainant-respondent no. 2.

3. The respondent no. 2 as the complainant has instituted the Complaint Petition no. 06/2022 after dishonour of a cheque for an amount of Rs. 5,00,000/-, allegedly issued by the petitioner herein.

3. The case records of the Appellate Court, Criminal Appeal no. 26/2024 as well as the Trial Court, Complaint Petition no. 06/2022 be called for.

4. Issue notice, returnable on 30.01.2026.

5. As Mr. Goswami has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice on behalf of the said respondent stands dispensed with. The petitioner shall serve an extra copy of the petition along with annexures, to Mr. Goswami within a period of 3 [three] days.

6. The petitioner shall take steps for service of notice upon the respondent no. 2- complainant by Speed Post within 3 [three] working days from today.

JUDGE

Comparing Assistant