Harun Ahmed Barbhuiya vs The Indian Overseas Bank
2025 Latest Caselaw 7195 Gua

Gauhati High Court

Harun Ahmed Barbhuiya vs The Indian Overseas Bank on 10 September, 2025

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GAHC010191412025




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

                                   Case No. : Crl.Rev.P./367/2025

             HARUN AHMED BARBHUIYA
             SON OF TERAB ALI BARBHUIYA
             RESIDENT OF GOBINDAPUR, PART-I, P.S. SONAI, DIST. CACHAR, STATE-
             ASSAM, PIN-788101.



             VERSUS

             THE INDIAN OVERSEAS BANK
             REPRESENTED BY THE MANAGER SILCHAR BRANCH, P.O. SILCHAR,
             DIST. CACHAR, ASSAM, PIN-788005.



Advocate for the Petitioner     : MR. O LASKAR, M R TALUKDAR

Advocate for the Respondent : ,




                                               BEFORE
                     HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
                                               ORDER

10/09/2025

Heard Mr. O Laskar, learned counsel for the petitioner.

The present criminal revision petition has been instituted assailing the impugned judgment and order dated 05.07.2019 passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, Page No.# 2/2

in C.R. (NI) Case No. 120/2017 sentencing the petitioner, herein, to undergo Simple Imprisonment for 2 (two) years and to pay a fine of double the amount of the cheque in question, i.e., Rs.2,10,178/- for the offence committed under Section 138 of the Negotiable Instruments Act, 1881. The present petition also assails the judgment and order dated 28.07.2025 passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar, in Criminal Appeal No. 27/2019, upholding the judgment of the Trial Court.

Mr. O Laskar, learned counsel for the petitioner has submitted that the proceeding before the learned Trial Court was so instituted by the respondent, herein, much after the lapse of the period of limitation as prescribed under the provisions of Section 142 of the NI Act, 1881.

Upon hearing the learned counsel for the petitioner as well as perusing the materials coming on record, this Court is of the considered view that the matter requires a closer examination.

Issue notice, returnable by 4 (four) weeks.

Petitioner to take steps for service of notice upon the sole respondent by way of registered post with A/D within 2 (two) working days from today.

Till the next returnable date, the impugned judgment and order dated 05.07.2019 passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar in C.R. (NI) Case No. 120/2017 as well as the judgment and order dated 28.07.2025 passed by the learned Additional Sessions Judge, (FTC), Cachar, Silchar in Criminal Appeal No. 27/2019 shall remain suspended.

The interim order would be further considered on appearance of the sole respondent in the matter.

JUDGE

Comparing Assistant