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2020 Supreme(Gau) 341

MANISH CHOUDHURY
Dhiren Chandra Borah S/o Nanda Ram Bora – Appellant
Versus
Pallavi Kalita W/o Sri. Satya Kalita – Respondent


Advocates Appeared:
For the Petitioner: Mr. P. Katakey
For the Respondent: Mr. K. Bhuyan

JUDGMENT :

This criminal revision petition, under Section 397 read with Section 401, Code of Criminal Procedure, 1973 (‘the Code’ and/or ‘the CrPC’, for short), is preferred against the judgment and order dated 13.04.2009 passed by the learned Additional Sessions Judge (FTC), No. 3, Kamrup, Guwahati (‘the appellate court’, for short) in Criminal Appeal no. 42/2007.

2. By the said judgment and order dated 13.04.2009, the appellate court had dismissed the appeal preferred by the petitioner as the appellant (hereinafter also referred to as ‘the accused’, at places, for easy reference) against the judgment and order dated 11.06.2007 passed by the learned Judicial Magistrate, 1st Class, Kamrup, Guwahati (‘the trial court’, for short) in Complaint Case no. 3982C/2004, thereby, affirming the judgment and order of conviction and sentence passed by the trial court. By the judgment and order dated 11.06.2007, the trial court found the accused guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘the NI Act’, for short) and he was sentenced to undergo simple imprisonment for 1 (one) year and to pay a fine of Rs. 2,00,000/-, in default of payment of fine, to undergo s

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