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2018 Supreme(Gau) 654

HITESH KUMAR SARMA
Kuldeep Sarmah – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.C. Biswas
For the Respondents: Mr. D. Choudhury

JUDGMENT & ORDER :

1. This criminal revision petition is filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 22.09.2014, passed by the learned Chief Judicial Magistrate, Bongaigaon, in NICR Case No. 06/2009, convicting and sentencing the accused-petitioner to undergo simple imprisonment for 1 (one) month and to pay a compensation of Rs. 4,00,000/- under Section 138 of the Negotiable Instrument Act, (hereinafter referred to as the NI Act), as well as the judgment and order, sated 31.05.2016, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 41 (4)/2014, dismissing the appeal and affirming the judgment and order passed by the learned Chief Judicial Magistrate in the aforesaid NICR Case No. 06/2009.

2. The fact of the case is that, a complaint was filed by the present respondent No. 2, Sri Tarun Patgiri, alleging that the present petitioner Kuldeep Sarma, who is a contractor by profession, in the BSNL, Bongaigaon and his son Raju Moni Patgiri did business jointly since February 2008 as per agreement by giving a new Tata Sumo, being No. AS-26-1248 to the BSNL authority, Bongaigaon, through





























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