Jainal Abdin vs The State Of Assam And Anr
2025 Latest Caselaw 4906 Gua

Gauhati High Court

Jainal Abdin vs The State Of Assam And Anr on 21 May, 2025

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GAHC010060722024




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

                                Case No. : Crl.Rev.P./115/2024

            JAINAL ABDIN
            S/O HAMED ALI
            R/O VILL-NICHUKA
            P.O. AND P.S. BARPETA ROAD,
            DIST. BARPETA, ASSAM
            PIN-781315



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:HARI PADA MONDAL
             S/O LT. HARI GOBINDA MONDAL
            R/O VILL- KHAIRABARI
            P.O. KHAIRABARI
             P.S. BARPETA ROAD
             DIST. BARPETA
            ASSAM
            PIN-78131

Advocate for the Petitioner   : MR. S A AHMED, C S KAMTHONG,A. KHANAM,MR. F A
AHMED

Advocate for the Respondent : PP, ASSAM, MR. A HUSSAIN (R-2),MR. M AHMED (R-2),MR. H
A AHMED (R-2),MR. R ALI (R-2)
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                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

21.05.2025

1. Heard Mr. F.A. Ahmed, the learned counsel for the petitioner. Also heard Mr. A. Hussain, the learned counsel for the respondent No. 2 as well as Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam.

2. The learned counsel for the petitioner has prayed for an adjournment on the ground of personal difficulty of the conducting counsel.

3. On the other hand, the learned counsel for the respondents has submitted that the petitioner was convicted under Section 138 of the N.I. Act in N.I. Case No. 84/2021 which was filed by the respondent No.2.

4. He further submits that in the said case, the petitioner was sentenced to undergo simple imprisonment for 3(three) months and was directed to pay a compensation of Rs. 4,00,000/-(Rupees Four Lakhs only) and in the event of failure to pay compensation to undergo further simple imprisonment for 1(one) month.

5. The learned counsel for the respondents has further submitted that the judgment of the Trial Court was passed on 05.04.2023, against which the petitioner had preferred a criminal appeal which was registered as Criminal Appeal No. 12/2023.

6. He further submits that the said criminal appeal was also Page No.# 3/3

dismissed by the Appellate Court by the judgment dated 23.02.2024, which is impugned in the instant criminal revision petition. However, in spite of the said order, he submits that nor the petitioner has not paid any compensation to the respondent No. 2, neither he has undergone the imprisonment imposed upon him by the Trial Court, which was upheld by the Appellate Court.

7. It appears that in this revision petition, no stay has been granted on the execution of sentence imposed on the petitioner.

8. Therefore, the petitioner is free to press for the same before the Trial Court.

9. Considering the submissions made by the learned counsel for the petitioner for the adjournment, the prayer for adjournment is allowed.

10. Let this case be listed again on 19th June, 2025 for admission hearing.

JUDGE

Comparing Assistant