Sri Utjal Kr Deka vs Sri Hitesh Kalita
2025 Latest Caselaw 3655 Gua

Gauhati High Court

Sri Utjal Kr Deka vs Sri Hitesh Kalita on 3 March, 2025

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GAHC010034062025




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

                                  Case No. : Crl.Rev.P./62/2025

            SRI UTJAL KR DEKA
            SON OF SRI NAGENDRA NATH DEKA, RESIDENT OF - MOMAT NAGAR, PS -
            NALBARI, DISTRICT - NALBARI, ASSAM.



            VERSUS

            SRI HITESH KALITA
            SON OF LATE NABIN CHANDRA KALITA, RESIDENT OF - DHARAPUR, PS -
            AZARA, KAMRUP (M), ASSAM, PIN - 781017.



Advocate for the Petitioner   : MR Z ALAM, P ROY,MS. S NAZNEEN,MR D SARMA

Advocate for the Respondent : ,




                                            BEFORE

                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                            ORDER

03.03.2025

1. Heard Ms. S. Nazneen, the learned counsel for the petitioner.

2. This petition under Section 442 read with Section 438 of the Page No.# 2/3

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Sri Utjal Kr. Deka, impugning the judgment and order dated 04.01.2025, passed by the learned Sessions Judge No. 5, Kamrup (M) at Guwahati in Criminal Appeal No. 20/2020, whereby, the judgment and order dated 03.01.2020, passed by the learned Sub-Divisional

Judicial Magistrate (S) No. 1, Karmup at Guwahati in C.R. Case No. 1740 c of 2015, whereby the present petitioner was convicted under Section 138 of the N.I. Act, and was sentenced to undergo S.I. for 3(three) months and also directed to pay a compensation of Rs. 6,50,000/-(Rupees Six Lakhs Fifty Thousand only) to the complainant/respondent.

3. I have heard the learned counsel for the petitioner and have perused the grounds for preferring this instant criminal revision petition.

4. Issue notice to the respondent.

5. The learned counsel for the petitioner shall take fresh steps for issuance of notice upon the respondent by registered post with A/D as well as through usual mode, within 7(seven) days from the date of this order, returnable after 4(four) weeks.

6. In the meanwhile, subject to payment of 20% of the compensation amount of Rs. 6,50,000/-(Rupees Six Lakhs Fifty Thousand only) by the petitioner before the Court of the learned Sub-Divisional

Judicial Magistrate (S) No. 1, Karmup in C.R. Case No. 1740c of 2015 within a period of 60 (sixty) days from the date of this order. Further, the execution of the sentence imposed on the petitioner shall remain stayed till further order.

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7. List accordingly.

JUDGE

Comparing Assistant