Md. Harun Rasid vs Tapan Kumar Banik
2025 Latest Caselaw 3677 Gua

Gauhati High Court

Md. Harun Rasid vs Tapan Kumar Banik on 3 March, 2025

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GAHC010001542025




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

                                  Case No. : Crl.Rev.P./65/2025

            MD. HARUN RASID
            S/OLATE AKIDUR RAHMAN
            R/O MORIMUSALMANGAON,
            WARD NO. 11,
            P.O. AND P.S.MORIGAON
            DIST. MORIGAON, ASSAM
            PIN-7820105



            VERSUS

            TAPAN KUMAR BANIK
            S/O LATE PURNA CH. BANIK,
            R/O RAJAGAON,
            WARD NO. 5,
            PO.AND P.S. MORIGAON,
            DIST. MORIGAON, ASSAM



Advocate for the Petitioner   : MS. S K NARGIS, Q. KIBA,MS N SULTANA,MS S BEGUM,S
KHANIKAR

Advocate for the Respondent : ,
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                                     BEFORE

               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

03.03.2025

1. Heard Ms. S.K. Nargis, the learned counsel for the petitioner.

2. This revision under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Md. Harun Rasid, impugning the judgment and order dated 03.10.2024, passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 12/2023, whereby, the Court of the learned Additional Chief Judicial Magistrate, Morigaon in C.R. Case No. 166/2019, whereby the present petitioner was convicted under Section 138 of the N.I. Act, 1881 and was sentenced to undergo imprisonment for 3(three) months and to pay a compensation amount of Rs. 2,00,000/-(Rupees Two Lakhs) only.

3. Issue notice to the respondent.

4. 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 3(three) days from the date of this order, returnable

on 4th April,2025.

5. Let also the records of the Trial Court as well as the First Appellate Court be called for.

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6. List accordingly.

JUDGE

Comparing Assistant