Smti. Mamoni Saikia Dutta vs The State Of Assam And Anr
2025 Latest Caselaw 7754 Gua

Gauhati High Court

Smti. Mamoni Saikia Dutta vs The State Of Assam And Anr on 13 October, 2025

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GAHC010275332024




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

                                Case No. : Crl.Rev.P./377/2025

            SMTI. MAMONI SAIKIA DUTTA
            W/O SRI PRADIP KUMAR DUTTA, R/O AJANTA BYE-PASS TINALI,
            SHANTIKHETRA PATH, P.O.- R.R.L., P.S.-PULIBOR, DIST.- JORHAT, ASSAM.



            VERSUS

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

            2:SRI VINEET KUMAR AGARWALA
             S/O CHANGANLAL AGARWALA
             R/O GINORIA MARKET
            A.T. ROAD
             P.O.- JORHAT
             P.S.- JORHAT
             DIST.- JORHAT
            ASSAM

Advocate for the Petitioner   : MR. P KATAKI,

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                   HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                       ORDER

13.10.2025

Heard Mr. P. Kataki, learned counsel for the petitioner and Mr. K.K. Parashar,

learned Addl. Public Prosecutor for the State.

This is an application filed under Section 438 read with Section 442 of the

BNSS, 2023 by which the Judgment & Order dated 06.05.2024 passed by the

learned Sessions Judge, Jorhat in Criminal Appeal No. 37/2018 was challenged. By

the said Judgment & Order, the Judgment & Order dated 31.03.2018 passed by the

learned Chief Judicial Magistrate, Jorhat in C.R (N.I) Case No. 179/2010 under

Section 138 of the Negotiable Instruments Act, 1881 was upheld.

Issue notice to the respondent No. 2. Petitioner to take steps for service of

notice upon the respondent No. 2 by registered post with A/D as well as by usual

process within a period of 2 (two) days from today, returnable by three (3) weeks.

In the meantime, the Sentencing Order dated 06.05.2024 by which the

appellant is sentenced to pay fine of Rs. 6 lakhs with a default stipulation, is stayed

and suspended till the hearing of the Revision Petition and the petitioner may be

allowed to go on fresh bail by furnishing a bail bond of Rs. 20,000/- with one local Page No.# 3/3

surety of the like amount to the satisfaction of the Trial Court.

List the matter after three (3) weeks.

JUDGE

Comparing Assistant