Md. Mustafa Kamal Passa @ Mustafa Kamal ... vs The State Of Assam And Anr
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Gauhati High Court

Md. Mustafa Kamal Passa @ Mustafa Kamal ... vs The State Of Assam And Anr on 20 January, 2025

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GAHC010254482024




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

                                Case No. : Crl.Rev.P./492/2024

            MD. MUSTAFA KAMAL PASSA @ MUSTAFA KAMAL PASA
            S/O LATE AMSAR ALI MUKTAR PERMANENT RESIDENT OF R.D.M. ROAD,
            AMIN PATTY,
             P.O. NAGAON
            P.S. NAGAON SADAR, PIN-782002, DIST. NAGAON, ASSAM



            VERSUS

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

            2:MD. FOKAR UDDIN
             S/O LATE ABDUL HOQUE
            R/O VILL- KOCH GAON

            P.S. RUPOHIHAT
            DIST. NAGAON
            ASSA

Advocate for the Petitioner   : M K BORAH, MS. P. KASHYAP

Advocate for the Respondent : PP, ASSAM,
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                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                    ORDER

Date : 20.01.2025

Heard Mr. M. K. Borah, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1.

This is an application under Section 438 read with Section 442 of BNSS, 2023 against the impugned judgment and order dated 24.09.2024, passed by the learned Additional Chief Judicial Magistrate, Nagaon, Assam in N.I. Case No. 84/2015, whereby the petitioner has been convicted under Section 138 of N.I. Act and sentenced to undergo S.I. for 6 (six) months and to pay fine of Rs. 9,00,000/- in default of payment, further S.I. for 1 (one) month.

Issue notice to the respondents, returnable within 06.02.2025.

Since Mr. Baruah, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, if not already furnished, during the course of the day.

Steps for service of notice upon respondent No. 2 be taken through registered post with A/D as well as by usual process within 4 (four) days from today.

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Also, call for the scanned copy of the LCR.

List the matter on 06.02.2025.

JUDGE

Comparing Assistant