Gauhati High Court
Sri Bhaskar Das vs Manabendra Das And Anr on 25 February, 2025
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GAHC010019662025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./55/2025
SRI BHASKAR DAS
S/O SRI RISHAV DAS, R/O BELTOLA, KRISHNAPUR, DHARMESWAR TARO
PATH, HOUSE NO. 40, GUWAHATI-28, P.S.-BASISTHA, DIST.-KAMRUP (M),
ASSAM.
VERSUS
MANABENDRA DAS AND ANR
S/O SURYA KANTA DAS, R/O VILL.- NO.1 GALIAHATI, BARPETA, P.O.-
BARPETA, P.S.-BARPETA, DIST.-BARPETA, ASSAM, PIN-781314.
2:THE STATE OF ASSAM
REP BY THE P.P.
ASSA
Advocate for the Petitioner : MR JAKIR HUSSAIN SAIKIA,
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 25.02.2025
1. Heard Mr. Jakir Hussain Saikia, learned counsel for the revisionist.
2. This Criminal Revision Petition under Section 438 of BNSS, 2023 has
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been filed by the petitioner, namely Sri Bhaskar Das, impugning the judgment
dated 25.10.2024 passed by the learned Additional Sessions Judge, Barpeta in
Criminal Appeal No. 34/2023 whereby the judgment and order dated
22.09.2023 passed by the learned Additional Chief Judicial Magistrate, Barpeta
in NI Case No. 48/2021 was upheld.
3. By the said judgment, the appellant was convicted under Section 138
of the NI Act and he was sentenced to undergo rigorous imprisonment for 4
months and also sentenced to pay a fine of Rs. 5,00,000/-.
4. Issue notice to the respondents.
5. The petitioner shall take steps for issuance of notice upon the
respondent No.1 by registered post with A/D Card as well as by usual mode
within three days from the date of this order, returnable on 01.04.2025.
6. It is further submitted by the learned counsel for the revisionist that by
preferring the appeal against the impugned order before the Court of learned
Additional Sessions Judge, Barpeta, the petitioner have deposited Rs. 1,00,000/-
out of the total amount of compensation of Rs. 5,00,000/- therefore, presently
only Rs. 4,00,000/- remains outstanding as regards the compensation awarded.
7. Considering the submissions made by learned counsel for the
revisionist and facts and circumstances of this case, the execution of the
sentence imposed upon the petitioner shall remain suspended subject to the
condition that the petitioner deposits 20% of the total outstanding
compensation amount (i.e., Rs. 4,00,000/-) before the Trial Court.
8. The petitioner is also allowed to go on bail of Rs. 30,000/- (Rupees
Thirty Thousand only) with one surety of like amount subject to the satisfaction
of the learned Additional Chief Judicial Magistrate, Barpeta in NI Case No.
48/2021 on his depositing the 20% of the remaining compensation amount, as
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directed and also with the condition that in the event of dismissal of the instant
Criminal Revision Petition, the revisionist shall surrender before the Trial Court
who serve out the sentence imposed on him by the impugned order.
9. Let this matter be listed on 01.04.2025.
JUDGE
Comparing Assistant
