Page No.# 1/3 vs Shri Bishnu Kumar Poddar And Anr on 21 April, 2025

Gauhati High Court

Page No.# 1/3 vs Shri Bishnu Kumar Poddar And Anr on 21 April, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/3

GAHC010078972025




                                                               undefined

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

                              Case No. : Crl.Rev.P./126/2025

           SHRI NIRMAL KUMAR JALAN AND ANR.
           S/O- SRI SHYAM SUNDER JALAN,R/O-TRADE MORE,118 DHANUKA
           COMPLEX, BLOCK NO.A,1ST FLOOR,ATHGAON,GUWAHATI-781008

           2: M/S HIGHBIZZ
            PROPRIETORSHIP CONCERN
           REP. BY ITS PROPRIETOR SRI NIRMAL KUMAR JALAN
            C/O-POOJA TOURS AND TRAVELS
           KEDAR ROAD
           GUWAHATI-

           VERSUS

           SHRI BISHNU KUMAR PODDAR AND ANR.
           S/O-LATE DEBIDUTTA PODDAR, R/O-CHRISTIAN BASTI, NILAMONI
           PHOOKAN ROAD,GUWAHATI-5

           2:THE STATE OF ASSAM
            REP. BY THE PP
           ASSA

Advocate for the Petitioner : MR. A K PURKAYASTHA, N KUMARI,HIMSHIKHA
TALUKDAR,MR J CHOPRA,MR. S K SINGH,MR. V K CHOPRA

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

                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                    ORDER

21.04.2025

Heard Mr. A.K. Purkayastha, learned counsel for the petitioner. Also
heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

This is an application under Section 442 and 438 of BNSS, 2023,
against the judgment and order dated 17.03.2025 in Criminal Appeal
No.95/2013 passed by the Additional Sessions Judge No.1, Kamrup(M),
Guwahati, affirming the judgment and order dated 17.04.2013 passed by the
Judicial Magistrate, First Class, Kamrup (M), Guwahati in C.R Case
No.2068/2000.

Issue notice to the respondent No.1 by registered A/D post and usual
process, returnable within 4(four) weeks.

As Mr. D. P. Goswami, learned Additional Public Prosecutor has entered
appearance on behalf of the respondent No.2, no formal notice need to be
issued. However, a copy of the petition along with the documents annexed
thereto be furnished to him.

Learned counsel for the petitioner submits that the petitioner is ready
to pay the cheque amount before the Trial Court and prayed to suspend the
operation of the impugned judgment.

It appears that the petitioner was convicted u/s 138 of N.I Act and
sentenced to undergo S.I for 6 (six) months and also to pay compensation
of Rs.1,30,000/- to the complainant/ respondent no.1.

Page No.# 3/3

Considering the submission of the learned counsel for the petitioner,
the operation of the impugned judgment vide C.R Case No. 2068/2000 as
well as Criminal Appeal No.95/2013 shall remain stayed, till disposal of this
revision petition.

Call for the trial court record pertaining to C.R Case No. 2068/2000
and Criminal Appeal No.95/2013 from the concerned Courts.

The Registry is directed to procure the same.

List the matter accordingly after 4(four) weeks.

JUDGE

Comparing Assistant