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2024 Supreme(Gau) 795

ROBIN PHUKAN
Gopesh Debnath S/o Late Jogesh Debnath – Appellant
Versus
Manabendra Narayan Dhar S/o Late Manindra Narayan Dhar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Das.
For the Respondents: D. Chakraborty, B. Sarma.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. A. Das, learned counsel for the petitioner; Mr. D. Chakraborty, learned counsel for the respondent No. 1 and Mr. B. Sarma, learned Addl. P.P. for the State respondent No. 2.

2. In the revision petition, under Sections 397/401 of the Cr.P.C. and Section 482 of the Cr.P.C. the petitioner, namely, Shri Gopesh Debnath, has challenged the legality, propriety and correctness of the Judgment and Order dated 27.04.2018, passed by the learned Additional Sessions Judge, Cachar, Silchar in Criminal Appeal No. 45/2017. It is to be noted here that vide impugned Judgment and Order dated 27.04.2018, the learned Additional Sessions Judge, Cachar, Silchar had upheld the Judgment and Order dated 11.08.2017, passed in N.?. Case No. 31/2010, by which the learned Additional Chief Judicial Magistrate, Cachar, Silchar had convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881, and sentenced him to suffer simple imprisonment for one year and also to pay the Cheque amount i.e. Rs. 5,00,000/- (Rupees Five Lakhs) along with an amount of Rs. 2,00,000/- (Rupees Two Lakhs) as compensation, total Rs. 7,00,000/- (Rupees Seven Lakhs) only to the com

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