Sri Hemanta Saikia vs The State Of Assam
2025 Latest Caselaw 8139 Gua

Gauhati High Court

Sri Hemanta Saikia vs The State Of Assam on 29 October, 2025

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GAHC010203122025




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

                                Case No. : Crl.Rev.P./435/2025

            SRI HEMANTA SAIKIA
            S/O LATE CHENIRAM SAIKIA, R/O VILL.- RAJBARI, P.O. AND P.S.-
            BIHPURIA, DIST.- LAKHIMPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE P.P., ASSAM

            2:SRI PANKAJ SHARMA
             S/O PRADIP KUMAR SHARMA
             R/O LOTHOW
             P.S. - NORTH LAKHIMPUR
             DIST.- LAKHIMPUR
            ASSAM. PIN-787031

Advocate for the Petitioner   : MS P SARMA,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                           ORDER

29.10.2025 Heard Mr. P. P. Dutta, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent No. 1. Also heard Mr. S. Page No.# 2/3

Borthakur, learned counsel appearing for the respondent No. 2.

By this application under Section 442, read with Section 438 of the BNSS, 2023, the petitioner has challenged the Judgment and Order, dated 19.09.2023, passed by the learned Judicial Magistrate First Class, North Lakhimpur, in C.R. (N.I.) Case No. 28/2017, by which, the petitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act, 1881 and the petitioner was directed to pay an amount of Rs. 4,00,000/- to the complainant as compensation, and in default, he was directed to undergo simple imprisonment for 4 months.

The said Judgment and Order dated 19.09.2023 was however modified by the Court of the learned District and Sessions Judge, North Lakhimpur, in Criminal Appeal No. 36(4)/2023, vide order dated 07.06.2024.

The learned Court had modified the said Judgment to the extent that direction was given to the petitioner to pay a fine of Rs. 3,00,000/- to the complainant and in default, to undergo simple imprisonment for 4 months.

Mr. S. Borthakur, learned counsel appears for the respondent No 2. As such, no formal notice is required to be issued to him. However, extra requisite copies may be served upon him.

The scanned copies of the Trial Court records be called for.

List this matter on 04.12.2025.

JUDGE Page No.# 3/3

Comparing Assistant