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2019 Supreme(Gau) 1305

AJIT BORTHAKUR
Milan Das – Appellant
Versus
Nripen Borkakoty – Respondent


Advocates:
Advocate Appeared:
For the Appellant :H.J. Tamuli, Advocate
For the Respondents:K.C. Deka, Advocate, R.J. Boruah, Addl. P.P. and Z. Kamar, Sr. Advocate as Amicus Curiae

JUDGMENT :

Ajit Borthakur, J.

1. As both the above Criminal Revisions filed under Sections 397/401 Cr.P.C. are directed against two orders, dated 12.07.2018, passed by the learned Addl. Chief Judicial Magistrate, Sonitpur at Tezpur in NI Case No. 21/2017 and NI Case No. 43/2017 under Section 138 of the Negotiable Instruments Act, 1883 ('NI Act' for short) involving common questions of procedural law, I propose to decide the same by this common judgment and order.

2. Heard Mr. H.J. Tamuli, learned counsel for the petitioner and Mr. K.C. Deka, learned counsel appearing for the respondent No. 1/complainant as well as Mr. R.J. Boruah, learned Addl. Public Prosecutor, Assam for the State/respondent No. 2. Also heard Mr. Z. Kamar, learned Senior counsel appearing as the Amicus Curiae.

3. The learned Addl. CJM, Sonitpur at Tezpur fixed the above mentioned two NI Act cases for additional evidence, by the impugned order, dated 12.07.2018, so as to enable the respondent No. 1/complainant to mark and exhibit a bank statement in NI Case No. 21/2017 and a lease agreement in NI Case No. 43/2017 for the purpose of fair adjudication.

4. The petitioner being aggrieved by the impugned orders, dated 12.07

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