Sri Dibakar Barman Vs Sri Nirmal Talukdar

SRI NIRMAL TALUKDAR SON OF LATE GIRINDRA NATH TALUKDAR RESIDENT OF VILLAGEPIPLIBARITENGABARI MOUZA- KHETRI DHARMAPUR P.S. BELSOR DISTRICTNALBARI ASSAM PIN-781338

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-----------Advocate for : MR. P S DEKA Advocate for : appearing for SRI NIRMAL TALUKDAR

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Linked Case : ST.Rev./0/0

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SRI DIBAKAR BARMAN SON OF LATE GUDARAM BARMAN RESIDENT OF VILLAGE- PIPLIBARI TENGABARI MOUZA- KHETRI DHARMAPUR P.S. BELSOR DISTRICTNALBARI ASSAM PIN-781338

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VERSUS

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SRI NIRMAL TALUKDAR SON OF LATE GIRINDRA NATH TALUKDAR RESIDENT OF VILLAGEPIPLIBARITENGABARI MOUZA- KHETRI DHARMAPUR P.S. BELSOR DISTRICTNALBARI ASSAM PIN-7813SON OF LATE GIRINDRA NATH TALUKDAR RESIDENT OF VILLAGE- PIPLIBARITENGABARI MOUZA- KHETRI DHARMAPUR 38

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Page No.# 3/5

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-----------Advocate for : MR BIKASH SEN DEKA Advocate for : appearing for SRI NIRMAL TALUKDAR

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BEFORE

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HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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06.02.2026

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1. Heard Mr. B.K. Bhagawati, learned counsel for the applicant. Also heard Mr. R.J. Baruah, learned Additional public Prosecutor for the State of Assam.

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2. This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 27 days in preferring the appeal against acquittal.

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3. The respondent has been acquitted vide Judgment & Order dated 08.08.2025 passed by the learned Addl. Chief Judicial Magistrate, Nalbari in N.I. Act Case No. 53/2019 for the offences under Section 138 of the Negotiable Instruments Act, 1881.

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4. As per notice dated 17.01.2026, learned counsel has entered appearance on behalf of the sole respondent/acquitted person by filing vakalatnama.

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5. However, none appears today on behalf of the sole respondent.

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6. The learned counsel for the applicant draws attention to paragraph 5 of the application in support of the prayer for delay condonation. Further, contending that the delay is of 27 days.

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7. It is stated and submitted that the applicant is a senior citizen aged 73 years and suffering from various old age ailments and due to his age and illness, he could not come to Guwahati immediately after the judgment and in the meantime, the Court was also closed for the autumn vacation.

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8. It is stated and submitted that he could come only on 11.10.2025 and hand over the case records to the learned counsel.

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9. The respondent was acquitted vide judgment and order 08.08.2025, passed by the learned Addl. Chief Judicial Magistrate, Nalbari in N.I. Act Case No. 53/2019 for the offences under Section 138 of the Negotiable Instruments Act, 1881.

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10. Considering the quantum of delay and the grounds adduced – being ailments of a 73 year old senior citizen – I deem it just and proper to condone the same.

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11. Accordingly, the delay of 27 days is condoned in exercise of

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