Raj Kumar Nunia vs Priyolal Goala
2025 Latest Caselaw 3851 Gua

Gauhati High Court

Raj Kumar Nunia vs Priyolal Goala on 7 March, 2025

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GAHC010047712025




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

                                  Case No. : Crl.Rev.P./70/2025

            RAJ KUMAR NUNIA
            S/O- LATE PALTU NUNIA, R/O- VILL- FAKIRTILLA, PS SILCHAR, DIST-
            CACHAR, ASSAM



            VERSUS

            PRIYOLAL GOALA
            S/O- LATE MOTILAL GOALA, R/O- ATALBASTI, PS SILCHAR, DIST-
            CACHAR, ASSAM,



Advocate for the Petitioner   : MR. A Z AHMED,

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                            ORDER

Date : 07.03.2025 Heard Mr. A. Z. Azad, the learned counsel for the petitioner. This application under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Raj Kumar Nunia, impugning the judgment and order dated 29.01.2025 passed by the Court of the learned Additional Judge, Cachar, Silchar in Criminal Appeal No. 07/2024, Page No.# 2/2

whereby judgment and order dated 02.01.2024 passed by the Court of the learned Additional Chief Judicial Magistrate, Cachar, Silchar in N. I. Case No. 309/2019 whereby the present petitioner was convicted under Section 138 of the N.I. Act, 1881 and was sentenced to undergo simple imprisonment of six months and to pay a fine of Rs. 8,00,000/- only, and in default of payment of fine, to undergo further simple imprisonment of six month was upheld.

Issue notice to the respondent.

The petitioner shall take steps for service of notices to the respondent by the registered post with A/D as well as by the usual mode within three days from the date of receipt of this order, returnable within 22.04.2025.

In the meanwhile, subject to pay of 20% of the fine amount by the petitioner before the Court of the learned Additional Chief Judicial Magistrate, Cachar, Silchar in N. I. Case No. 309/2019 within a period of 60 days from the date of this Order.

Further, the execution of sentence imposed on the petitioner by the impugned judgment shall remain stayed.

The petitioner is also allowed to remain on previous bail granted by the First Appellate Court till next date.

Let this matter be listed on 22.04.2025.

JUDGE

Comparing Assistant