Ananta Nath vs The State Of Assam And Anr
2025 Latest Caselaw 7138 Gua

Gauhati High Court

Ananta Nath vs The State Of Assam And Anr on 9 September, 2025

                                                                        Page No.# 1/3

GAHC010187772025




                                                                 undefined

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

                                Case No. : Crl.Rev.P./354/2025

            ANANTA NATH
            SON OF MAHESH NATH
            VILL- BHOJKUCHIA PARA
            P.O. AND P.S. PATACHARKUCHI,
            DIST. BAJALI, ASSAM,
            PIN-781326



            VERSUS

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

            2:SABINA YASMIN
             W/O SADEK ALI
            RESIDENT OF MOIRAMARI
            P.O. AND P.S. HOWLY
            DIST. BARPETA
            ASSAM

             PIN-781316

Advocate for the Petitioner   : MR J ABEDIN, MR N SARMA

Advocate for the Respondent : PP, ASSAM,
                                                                       Page No.# 2/3



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

Date : 09.09.2025

1. Heard Mr. J. Abedin, the learned counsel for the petitioner. Also heard Ms. M. Das, the learned Additional Public Prosecutor for the State respondent.

2. This application under Section 442 read with Section 528 and 438 of the BNSS, 20223 filed by the petitioner Ananta Nath impugning Judgment dated 29.05.2025 passed in Criminal Appeal No. 10/2024, by the Court of learned Sessions Judge, Barpeta, whereby, the appeal preferred by the petitioner

against the Judgment dated 09.04.2024 passed by the Judicial Magistrate 1st Class, Barpeta was dismissed.

3. By the aforesaid judgment of the Trial Court, the petitioner was convicted under Section 138 of the N. I. Act and was sentenced to undergo simple imprisonment for three months and was also directed to pay a compensation of Rs. 5,00,000/- to the complainant.

4. Issue notice to the respondents.

5. As learned Additional Public Prosecutor has appeared for the respondent no. 1, no formal notice need to be issued to the respondent no.1.

6. As regards respondent no.2 is concerned, the petitioner shall take steps for service of notices to the respondent no.2 by registered post with A/D as well as by usual mode within three days from the date of receipt of this order, returnable on 15.10.2025.

7. The learned counsel for the petitioner has also submitted that the impugned judgment by the First Appellate Court i.e., the Court of Session Judge, Barpeta was decided without ex-parte as the engaged counsel for the Page No.# 3/3

petitioner before the Appellate Court had withdrawn from the said appeal without giving an intimation to the present petitioner.

8. Considering the submissions made by the learned counsel, the execution of sentence imposed on the petitioner by the Trial Court is hereby suspended till the next returnable date.

9. Let this case be listed on 15.10.2025.

JUDGE

Comparing Assistant