Allowed

Smti. Mamoni Saikia Dutta v. Prasanta Thakuria and Anr.

Gauhati HC8 Oct 2020I.A.(Crl.)/468/2020

Case brief

AI extract

What is this about?

Allowed an interlocutory application seeking stay of operations of convictions under Section 138 of the Negotiable Instruments Act and suspended sentence. Stay granted subject to payment of 40% compensation and proof of such payment on a later date; otherwise stay vacated automatically.

What did the court decide?

Stay granted on operations of judgments and suspension of sentence, conditional on payment of 40% compensation.

Smti. Mamoni Saikia Dutta Vs Prasanta Thakuria and Anr. — Cheque Dishonour | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010121062020

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

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Case No. : I.A.(Crl.) 468/2020 in Crl.Rev.P. 183/2020

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1:SMTI. MAMONI SAIKIA DUTTA W/O SRI PRADIP KUMAR DUTTA R/O K.K. PATH JAIL ROAD P.S.-JORHAT DIST-JORHAT ASSAM

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VERSUS

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1:PRASANTA THAKURIA AND ANR. S/O SRI PRAKHINDRA THAKURIA R/O RAJAMAIDAM NEW COLONY DIST-JORHAT-785001 ASSAM

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2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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Advocate for the Petitioner : MR. P KATAKI Advocate for the Respondent : PP ASSAM (R2)

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Page No.# 2/2

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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08-10-2020

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The Court proceedings have been conducted through Video-Conference.

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Heard Mr. P. Kataki, learned counsel for the applicant/revision petitioner. Also heard Mr. Bidyut Sarma, learned Additional Public Prosecutor, Assam, appearing for Respondent State No.2.

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This interlocutory application has been filed for stay of the operation of the judgment and order dated 30.05.2020 passed in Criminal Appeal No.5 of 2017 by the learned Sessions Judge, Jorhat, upholding the judgment and order dated 7.2.2017 passed by the learned Chief Judicial Magistrate, Jorhat in C.R. Case No.328 of 2010 under Section 138 of the Negotiable Instruments Act, convicting the applicant/revision petitioner to simple imprisonment for 1(one) year with fine of Rs.1,60,000/- and, in default, to suffer simple imprisonment for 8(eight) months.

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In view of the fact that the connected criminal revision petition has already been admitted, this interlocutory application is allowed, subject to payment of 40% of the compensation awarded by the learned Courts below by the applicant with the learned Chief Judicial Magistrate, Jorhat. However, on the date fixed, the applicant is to produce proof of payment of the aforesaid 40% of the compensation amount, failing which the stay granted by this order shall stands automatically vacated.

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In view of the above, as indicated above, the operation of both the aforesaid judgments is stayed and the sentence imposed upon the applicant is suspended.

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The interlocutory application stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Smti. Mamoni Saikia Dutta v. Prasanta Thakuria and Anr.

Case brief

What is this about?

What did the court decide?

Smti. Mamoni Saikia Dutta v. Prasanta Thakuria and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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