Sri Chandan Dey vs Smt. Minakshi Dey And Another
2023 Latest Caselaw 733 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                        Crl.Rev.P. No.48 of 2023
                                  and
                IA No.01/2023 in Crl.Rev.P. No.48 of 2023
Sri Chandan Dey
                                                      .........Petitioner/Applicant(s)
                                       Versus
Smt. Minakshi Dey and another
                                                               .........Respondent(s)

For Petitioner/Applicant(s) : Mr. R.G. Chakraborty, Advocate. For Respondent(s) : Mr. Ratan Datta, Public Prosecutor. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 31/08/2023

Crl.Rev.P. No.48 of 2023

Issue notice upon the respondents under ordinary process and

registered cover with A/D for which requisites be filed within one week.

Notice is made returnable on 04.10.2023.

IA No.01/2023 in Crl.Rev.P. No.48 of 2023

Mr. R.G. Chakraborty, learned counsel for the

applicant/petitioner, submits that during pendency of this revision petition,

the petitioner may be granted the privilege of suspension of sentence.

The Appellate Court of learned Sessions Judge, Unakoti

District, Kailashahar has, by impugned judgment dated 31.07.2023 passed in

Criminal Appeal No.05(03) of 2022 confirmed the judgment of conviction

and order of sentence dated 11.07.2022 passed by learned Judicial

Magistrate, First Class, Kailashahar, Unakoti Judicial District in connection

with CR (NI) 04 of 2017 whereunder the applicant/petitioner has been

convicted for the offence under Section 138 of the NI Act and directed to

pay a fine of Rs.1,83,000/- in default thereof, to suffer simple imprisonment

for 1(one) year.

Mr. Chakraborty, learned counsel for the applicant/petitioner,

submits that there are good grounds to succeed.

Mr. Ratan Datta, learned Public Prosecutor for the respondent-

State, does not oppose the prayer. However, he submits that it may be made

conditional.

Upon consideration of rival submission of the parties and the

materials placed from record, this Court is inclined to grant the privilege of

suspension of sentence to the applicant/petitioner subject to deposit of 50%

of the fine amount in the Court below within a period of 3(three) weeks.

IA stands disposed of.

(APARESH KUMAR SINGH), CJ

Pijush MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.09.05 16:06:24 +05'30'