Reema Bodo Wife Of Hira Gogoi vs Krisna Bayan Das Wife Of Pupajit Kr Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Gau) 906

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Reema Bodo Wife Of Hira Gogoi – Appellant
Versus
Krisna Bayan Das Wife Of Pupajit Kr Das – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Md. M H Choudhury, R. Baruah,Tanzim L. Choudhury,Mr. S N Ahmed,Mr. P Chakraborty,Mr Monzur K Choudhury,Ms. D J Borah
For the Respondent: Mr. S K Poddar, Ms. N Poddar

JUDGMENT & ORDER :

PRANJAL DAS, J.

1. Heard Mr. M.K. Choudhury, the learned counsel for the petitioner. Also heard Mr. S.K. Poddar, learned counsel for the sole respondent/ complainant.

2. The instant criminal petition has been filed by the petitioner, namely Dr. Reema Bodo, invoking the provisions of Section 528 B.N.S.S., aggrieved by the order dated 20.05.2025, passed by the learned Additional Sessions Judge, Barpeta, in Criminal Appeal No. 33 of 2025, which was filed against the said impugned judgment and order passed by the learned Trial Court in a proceeding under Section 138 of the N.I. Act (Negotiable Instruments Act, 1881).

3. By the said order, apart from admitting the appeal, the trial Court sentence was stayed, subject to the payment of 20% of the fine amount by the petitioner within a period of 60 days, in terms of Section 148 of the Act.

4. Before proceeding further, the brief facts may be noted. The sole respondent as complainant filed a complaint under Section 138 of the N.I. Act before the court of the learned C.J.M. Barpeta, alleging dishonor of cheque issued by the petitioner. The case was registered as N.I. Case No. 71 of 2018, which proceeded to the stage of trial du