Debesh Goswami vs State Of Assam And Anr
2025 Latest Caselaw 7700 Gua

Gauhati High Court

Debesh Goswami vs State Of Assam And Anr on 26 September, 2025

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GAHC010182432025




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

                                 Case No. : Crl.Pet./1043/2025

            DEBESH GOSWAMI
            S/O- LATE ANANTA MOHAN GOSWAMI, R/O- NAMGHAR PATH, HOUSE
            NO.6, NEAR CHAMPAWATI HIGH SCHOOL, GANESHPARA, GUWAHATI, P.S.
            FATASIL AMBARI, DISTRICT- KAMRUP (M), ASSAM, PIN- 781025



            VERSUS

            STATE OF ASSAM AND ANR
            REPRESENTED BY PUBLIC PROSECUTOR

            2:SRI. MAHESH SARMA
             S/O- LATE ABHAY CH. SARMA
             R/O- KAHILIPARA
             GUWAHATI
             DISTRICT- KAMRUP (M)
            ASSAM
             PIN- 78100

Advocate for the Petitioner   : MR. B DEKA, S AZIZ,MS P BARUAH

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

26.09.2025

1. Heard Mr. B. Deka, the learned counsel for the petitioner. Also Page No.# 2/3

heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This petition under Section 528 of the BNSS, 2023, has been filed by the petitioner, namely, Sri Debesh Goswami, impugning the judgment and order dated 03.05.2024, praying for stay of the warrant issued against the petitioner on 10.05.2024 and allowing the petitioner to deposit Rs. 3,50,000/-(Rupees Three Lakhs Fifty Thousand only) before the Trial Court.

3. It appears from the record that by order dated 15.10.2013, the petitioner was convicted under Section 138 of the NI Act, 1881 and was sentenced to pay a fine amount of Rs. 5,00,000/- (Rupees Five Lakhs only) and was also sentenced to undergo simple imprisonment for 2(two) months. The petitioner was also imposed simple imprisonment for 1(one) month and in default of paying the compensation amount against the said order of the Trial Court, the petitioner preferred an appeal before the learned Additional Sessions Judge (FTC), which was registered as Criminal Appeal No. 200/2013, which was also dismissed against the order of dismissal of the appeal.

4. The petitioner again preferred a criminal revision petition, which was registered as criminal revision petition No. 452/2017. At the time of admission of the criminal revision petition, the petitioner was directed to deposit an amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) as condition precedent for admitting the said revision petition, which the petitioner had deposited.

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5. However, ultimately, by order dated 03.05.2024, the revision petition was also dismissed. Now by filing this petition under Section 528, the petitioner has prayed for stay of the warrant issued against him and also prays for allowing the petitioner to deposit Rs. 3,50,000/-(Rupees Three Lakhs Fifty Thousand only) before the Trial Court.

6. When a question regarding maintainability of the instant criminal petition was posed by this Court, the learned counsel for the petitioner prays for some time to make his submissions and bring authorities in support of his submissions regarding maintainability of this criminal petition.

7. The prayer is allowed.

8. Let this case be listed on 15th October, 2025.

JUDGE

Comparing Assistant