Page No.# 1/3 GAHC010142552025 2025:GAU-AS:12593 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/695/2025 ARUN DUTTA S/O- KUKHESWAR DUTTA, VILL- ATHAKOTIA, P.O- AZAD, P.S- PANIGAON, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:BABUL KR LAHON S/O- LATE MULARAM LAHON VILL- GOBORISHALI P.O- BOGOLIJAN P.S- NORTH LAKHIMPUR DIST- LAKHIMPUR ASSA Advocate for the Petitioner : MS A GOGOI, MS G GOGOI,MR S GOGOI Advocate for the Respondent : PP, ASSAM, MR. S J SARMAH (R-2),MR S DASGUPTA (R-2) In Crl. Rev.P. Case No. 6056/2025 With Crl. Rev.P. Case No. 6056/2025 (filing number) Page No.# 2/3 ------------ Advocate for : Annie Gogoi Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.09.2025 1. Heard Mr. S. Gogoi, the learned counsel appearing for the applicant. Also heard Mr. S. J. Sarma, the learned counsel for the respondent No. 2, as well as Ms. N. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This interlocutory application has been filed under Section 5 of the Limitation Act, 1963 praying for condoning the delay of 57 days in filing the connected criminal revision petition, whereby the applicant has impugned the judgment and order dated 25.02.2025, passed by the Court of the learned Judicial Magistrate First Class, in N.I. Case No. 04/2021, whereby the applicant has been convicted under Section 138 of the NI Act, 1881 and has been sentenced to undergo simple imprisonment of 6(six) months and to pay a fine of Rs. 5,30,000/- (Rupees Five Lakhs Thirty Thousand only) and in default of fine to undergo simple imprisonment of 1(one) month. 3. The learned counsel for the respondent No. 2 has submitted that since the matter has been amicably settled between the parties, the respondent No. 2 does not have any objection, if this Court condones the Page No.# 3/3 delay of 57 days in preferring the connected revision petition. 4. I have considered the submissions made by the learned counsel for both sides. 5. Considering the submissions of the learned counsel for the parties, as well as considering the grounds shown in the delay condonation petition for approaching this Court belatedly after a delay of 57 days, this Court is of the considered opinion that the said delay has been sufficiently explained by the applicant. 6. Accordingly, the delay of 57 days in preferring the connected revision petition is hereby condoned. 7. The Registry is directed to register the connected the criminal revision petition and list the same for admission day after tomorrow, i.e. on 17th September, 2025. 8. Let this case be listed again on 17th September, 2025. 9. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant