Citation : 2025 Latest Caselaw 8159 Gua
Judgement Date : 29 October, 2025
Page No.# 1/2
GAHC010189402025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./431/2025
MR. MUKUL NATH
S/O LT. DHIREN NATH,R/O-GAMESH MANDIR,KARABI DEHAL PATH,
BIRKUCHI,P.S.-NOONMATI, DIST.-KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
2:MD SADUN AFRIDI
S/O MR. M RAHMAN
R/O- ZOO ROAD
GEETA NAGAR
P.O.-ZOO ROAD
P.S.- GEETA NAGAR
DIST.- KAMRUP (M)
ASSAM
PIN-781024
Advocate for the Petitioner : MR. P J PATAR,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
29.10.2025 Heard Mr. R. K. Nath, learned counsel for the petitioner and Mr. B. Sharma, Page No.# 2/2
learned Additional Public Prosecutor for the respondent No. 1.
By this application under Sections 438 and 442, read with Section 528 of the BNSS, 2023, the petitioner has challenged the Judgment and Order, dated 29.10.2020, passed by the learned Additional Sessions Judge, No. 2, Kamrup (M), Assam in Criminal Appeal No. 165/2019, by which, the judgment and order, dated 22.08.2019, passed by the learned JMFC, Kamrup (M), in C.R. Case No. 1501/2015, convicting the accused person under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo simple imprisonment for a period of 6 months with the compensation amount, along with default clause; was upheld.
Issue Notice.
Mr. B. Sharma, learned APP appears on behalf of respondent No. 1 and as such, no formal notice is required to be served upon him.
However, the petitioner is directed to take steps for service of notice upon the respondent No. 2 by a registered post with A/D or by usual process.
List this matter after 3 (three) weeks.
JUDGE
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