Protima Dutta Kalita vs Smti Rina Borgohain
2025 Latest Caselaw 7692 Gua

Gauhati High Court

Protima Dutta Kalita vs Smti Rina Borgohain on 26 September, 2025

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GAHC010211602025




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

                                  Case No. : Crl.Rev.P./412/2025

            PROTIMA DUTTA KALITA
            W/O SRI JIBESWAR KALITA
            VILL- KUMARGAON,
            P.O. AND P.S. DERGAON,
            DIST. GOLAGHAT, ASSAM

            VERSUS

            SMTI RINA BORGOHAIN
            W/O SRI GANESH BORGOHAIN
            WARD NO. 4, KUMARGAON, P.O. AND P.S. DERGAON, DIST. GOLAGHAT,
            ASSAM



Advocate for the Petitioner   : MR B SINHA, MR. H ISLAM

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                            ORDER

Date : 26.09.2025

1. Heard Mr. B. Sinha, learned counsel for the petitioner.

2. This application under Sections 438/442 of BNSS has been filed by the petitioner, namely, Smt. Protima Dutta Kalita impugning the judgment and order dated 14.07.2025 passed by the Court of the learned Sessions Judge, Golaghat Page No.# 2/2

in Criminal Appeal No. 3/2023 whereby the conviction of the petitioner under Section 138 of the Negotiable Instruments Act by the judgment dated 21.02.2017 passed in C.R.(NI) Case No. 9/2017. However, the sentence imposed on the petitioner was modified to simple imprisonment for six months as well as to pay a compensation of Rs.2,60,000/- (Rupees Two Lakh Sixty Thousand only).

3. Let the records of Appellate Court as well as Trial Court be called for.

4. Let the notice be issued to the sole respondent.

5. The petitioner shall take steps for issuance of notice on the sole respondent by registered post with A/D as well as by usual mode within seven

days from the date of this order, returnable on 11 th of November, 2025.

6. In the meanwhile, considering the fact that the petitioner has been sentenced to a short term imprisonment of six months only, the execution of sentence imposed on the petitioner by the impugned judgment shall remain stayed till the next returnable date. The petitioner is also allowed to remain on previous bail.

7. List accordingly.

JUDGE

Comparing Assistant