Sri Lalit Tamuly vs Sri Pankaj Bora
2025 Latest Caselaw 9662 Gua

Gauhati High Court

Sri Lalit Tamuly vs Sri Pankaj Bora on 17 December, 2025

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GAHC010073002025




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

                                  Case No. : Crl.Rev.P./528/2025

            SRI LALIT TAMULY
            S/O LATE GADA TAMULY, R/O BONGAON, KACHARIGHAT, P.O.-
            KACHARIHAT, DIST.-GOLAGHAT, ASSAM.
            VERSUS
            SRI PANKAJ BORA
            S/O LATE NITYANANDA BORA, R/O NEW AMOLAPATTY, GOLGHAT TOWN,
            P.O.-GOLAGHAT, P.S.-, GOLAGHAT, DIST.-GOLAGHAT, ASSAM.
            2:THE STATE OF ASSAM
             REP. BY THE PUBLIC PROSECUTOR
            ASSAM

Advocate for the Petitioner   : MS. CHAYANIKA BORA,

Advocate for the Respondent : ,




                                   BEFORE
                   HONOURABLE MR. JUSTICE ANJAN MONI KALITA

                                            ORDER

17.12.2025

Heard Mr. S. P. Das, learned counsel appearing for the petitioner and Mr. P. S. Lahkar, learned Addl. PP for the State.

This is an application filed under Section 440 read with Section 442 of the BNSS, 2023 (corresponding to Section 397 read with 401 of the Cr.P.C.) challenging the impugned judgment and order dated 29.06.2024 Page No.# 2/2

passed by the learned Addl. Sessions Judge, Golaghat in Criminal Appeal No.20/2019 upholding the judgment and order dated 09.04.2019 passed in C.R. (N.I.) Case No.31/2016 passed by the learned Addl. Chief Judicial Magistrate, Golaghat convicting the petitioner under Section 138 of Negotiable Instrument Act, 1881 and thereby sentencing to pay a fine of Rs.2,80,000/-, in default to undergo S.I. for 3 (three) months.

After considering the matter as well as upon hearing the learned counsel appearing for the petitioner, this Court is of the considered opinion that the matter would require further consideration.

In view of such position, let notice be issued to the respondent, returnable by 3 (three) weeks.

Notice upon respondent No. 2 is dispensed with as the learned Addl. PP puts his appearance in the matter.

The learned counsel for the petitioner is directed to take steps for service of notice upon respondent No. 1 by speed post. Steps be taken within 3 (three) working days from today.

In the meantime, the impugned judgment and order dated 29.06.2024 passed by the learned Addl. Session Judge, Golaghat in Crl. Appeal No.20/2019 shall remain stayed/suspended until further orders.

List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant