Jamaluddin Ahmed vs Binud Goyari
2025 Latest Caselaw 9779 Gua

Gauhati High Court

Jamaluddin Ahmed vs Binud Goyari on 19 December, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010196852025




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

                                  Case No. : Crl.Rev.P./535/2025

            JAMALUDDIN AHMED
            S/O SAIMUDDIN AHMED,
            RESIDENT OF VILLAGE GARAKHAT, PO DALGAON, PS DALGAON, DIST
            DARRANG, ASSAM 784112



            VERSUS

            BINUD GOYARI
            S/O LATE BANDURAM GOYARI,
            RESIDENT OF VILLAGE PADMAPUR, PO SIDLI, PS SIDLI, DIST CHIRANG,
            BTR, ASSAM



Advocate for the Petitioner   : MR. A R SHOME, R DEB,MR S CHAUHAN

Advocate for the Respondent : ,




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 19.12.2025

Heard Mr. A.R. Shome, learned counsel for the revision petitioner.

2. The present criminal revision petition is preferred against Judgment and Page No.# 2/3

Order dated 15.05.2025 passed by the Court of Sessions Judge, Chirang at Kajalgaon ['the Appellate Court', for short] in Criminal Appeal no. 14 of 2025. By the Judgment and Order dated 15.05.2025, the Appellate Court partly allowed the criminal appeal preferred by the revision petitioner as the appellant against a Judgment and Order dated 30.01.2025 passed by the Court of Additional Chief Judicial Magistrate, Chirang, Kajalgaon ['the Trial Court'] in N.I.C.R. Case no. 15/2022.

3. The complaint in N.I.C.R. Case no. 15/2022 was instituted by the respondent herein as the complainant against dishonour of a cheque for an amount of Rs. 1,30,000/- issued by the accused therein, that is, the petitioner herein in favour of the complainant therein, that is, the respondent herein from an account maintained at Koupati Branch, Udalguri of the State Bank of India. The Trial Court had convicted the accused-petitioner for the offence under Section 138, Negotiable Instrument Act and sentenced the accused-petitioner to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 2,00,000/- to the complainant. While partly allowing the appeal, the Appellate Court has reduced the sentence of one year of imprisonment to 30 days while retaining the fine amount. Aggrieved thereby, the accused-petitioner has preferred the present revision petition.

4. Issue notice, returnable on 11.02.2026.

5. The petitioner shall take steps for service of notice upon the respondent by speed post with A/D within 2 [two] working days from today.

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6. Let TCRs from the Trial Court and Appellate Court be called for.

JUDGE

Comparing Assistant