Sri Priya Nath Gogoi Vs Sri Ranjan Gogoi — Cheque Dishonour | Gauhati HC (2026)

Sri Priya Nath Gogoi Vs Sri Ranjan Gogoi — Cheque Dishonour | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Interim stay of operation of the sentence imposed by the learned Chief Judicial Magistrate, Dibrugarh in N.I. Case No. 146/2013 (Judgment and Order dated 20.09.2019), subject to deposit of 20% of the awarded compensation before the Registry within sixty days from the date of the order, as per Section 148 of the N.I. Act, 1881.

Issue for consideration

Whether the applicant has made out a prima facie case warranting grant of interim relief, namely suspension/stay of operation of the sentence imposed upon him pursuant to his conviction under Section 138 of the N.I. Act, 1881, and if so, on what conditions.

Court's answer

The applicant has made out a prima facie case warranting grant of interim relief.

Ratio / Principle

The operation of the sentence imposed by the learned Chief Judicial Magistrate, Dibrugarh, in N.I. Case No. 146/2013 (Judgment and Order dated 20.09.2019) shall remain stayed, subject to deposit of 20% of the awarded compensation before the Registry within sixty days from the date of the order, as per Section 148 of the N.I. Act, 1881.

Detailed headnote1 paragraphs

Gauhati High Court (Kaushik Goswami, J.), order dated 04-05-2026 in I.A.(Crl.)/791/2025 (linked to Crl.Rev.P./285/2025): Sri Priya Nath Gogoi v. Sri Ranjan Gogoi. An application under Section 397(1) Cr.P.C. sought suspension of the sentence imposed by the Chief Judicial Magistrate, Dibrugarh in N.I. Case No. 146/2013 (Judgment and Order dated 20.09.2019) - conviction under Section 138 NI Act, 1881 with Rs. 6,00,000/- compensation payable to the opposite party and six months' simple imprisonment in default - as affirmed by the Additional Sessions Judge (FTC), Dibrugarh on 18.08.2022 in Criminal Appeal No. 32(4)/2019. Finding a prima facie case for interim relief, the Court stayed operation of the sentence subject to deposit of 20% of the awarded compensation before the Registry within sixty days, as per Section 148 NI Act, 1881, and disposed of the interlocutory application.

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GAHC010239292023

2026:GAU-AS:6026

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

Case No. : I.A.(Crl.)/791/2025

SRI PRIYA NATH GOGOI

S/O LATE GOHIN GOGOI, R/O BANIPUR, P.O.-BANIPUR, P.S.-DIBRUGARH, DIST.- DIBRUGARH, ASSAM.

VERSUS

SRI RANJAN GOGOI

S/O SRI DEOBAR BORAH, R/O BANIPUR, P.O.-BANIPUR, P.S.- DIBRUGARH, DIST.- DIBRUGARH, ASSAM.

Advocate for the Petitioner : MR. A K GUPTA,

Advocate for the Respondent : ,

Linked Case : Crl.Rev.P./285/2025

SRI PRIYA NATH GOGOI S/O LATE GOHIN GOGOI R/O BANIPUR P.O.-BANIPUR P.S.-DIBRUGARH DIST.- DIBRUGARH ASSAM.

VERSUS

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SRI RANJAN GOGOI S/O SRI DEOBAR BORAH R/O BANIPUR P.O.-BANIPUR P.S.- BANIPUR DIST.-DIBRUGARH ASSAM.

-----------Advocate for : MR. A K GUPTA Advocate for : MR. S DUTTA appearing for SRI RANJAN GOGOI

BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 04-05-2026

Heard Mr. R. S. Mishra, learned counsel appearing for the applicant. Also heard Mr. S Dutta, learned counsel appearing for the respondent.

2 . This application, preferred under Section 397(1) of the Cr.P.C., seeks suspension of the sentence imposed upon the applicant by the learned Chief Judicial Magistrate, Dibrugarh, in N.I. Case No. 146/2013, vide Judgment and Order dated 20.09.2019, as affirmed by the Judgment and Order dated 18.08.2022 passed by the learned Additional Sessions Judge (FTC), Dibrugarh, in Criminal Appeal No. 32(4)/2019.

3. The records reveal that the learned Trial Court, upon hearing the parties, by Judgment and Order dated 20.09.2019, convicted the applicant under Section 138 of the N.I. Act, 1881, and sentenced him to pay a sum of Rs. 6,00,000/- as compensation to the opposite party, with a further direction that, in default of payment, he shall undergo simple imprisonment for a period of six months.

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4. The Appellate Court, in appeal, has affirmed and upheld the said conviction and sentence.

5. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court is of the considered view that the applicant has made out a prima facie case warranting grant of interim relief.

6. Accordingly, the operation of the sentence imposed by the learned Chief Judicial Magistrate, Dibrugarh, in N.I. Case No. 146/2013, vide Judgment and Order dated 20.09.2019, shall remain stayed, subject to the deposit of 20% of the awarded compensation before the Registry within a period sixty days from the date of this order as per Section 148 of the N.I. Act, 1881.

7. The interlocutory application stands disposed of.

JUDGE

Comparing Assistant