Page No.# 1/4 GAHC010234592013 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./327/2013 RONENDRA KUMAR NATH S/O NAYAN NATH R/O VILL- NAGDIRGRAM PART-III P.O. KABUGANJ, P.S. SONAI DIST. CACHAR, ASSAM. VERSUS SAJAN AHMED LASKAR S/O ROHMAN ALI LASKAR R/O VILL- DAKHIN MOHONPUR PART-I P.O. GOBINDANAGAR, P.S. SONAI, DIST. CACHAR, ASSAM. Advocate for the Petitioner : MR.R C PAUL, MS. B S GOYAL(AMICUS CURIAE),MS.S ROY,MR.S A LASKAR Advocate for the Respondent : MS.M DEORI, MS.L N CHOUDHURY,MS.M DUWARAH,MD.M H CHOUDHURY Linked Case : Crl.M.C./707/2014 RONENDRA KUMAR NATH VERSUS SAJAN AHMED LASKAR ------------ Advocate for : MR.R C PAUL Advocate for : MS.M DEORI appearing for SAJAN AHMED LASKAR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.09.2025 Heard Ms. B. S. Goyal, learned Amicus Curiae. Also heard Mr. M. K. Choudhury, learned counsel, appearing for the respondent. 2. On the last date of listing, this Court had required the learned counsel for the respondent to receive instruction as to whether the respondent has received the complete cheque amount along with interest as directed by the learned Trial Court. 3. Mr. M. K. Choudhury, on instructions have submitted that the cheque amount along with interest has been received by the respondent, herein, and his grievance has been redressed. 4. The said developments taking place in the matter, the sentence as passed by the learned Trial Court to the extent of payment of the fine of Rs.1,40,000/-(Rupees One Lakh Forty Thousand) has been complied with in the matter. 5. The learned Trial Court had on appreciation of the evidences coming on record while convicting the petitioner, herein, under Section 138 N.I. Act had also sentenced him to undergo Simple Imprisonment for 6(six) months. The said directions were so passed in the year 2010 and the cheque, in question, was issued by the petitioner, herein, on 06.12.2008. 6. Considering the long lapse of time occasioning after the Page No.# 3/4 issuance of the cheque dated 06.12.2008, as well as the Judgment and Order dated 02.06.2010, passed by the learned Trial Court, this Court is of the considered view that the sentencing of the petitioner, herein, by the learned Trial Court to undergo Simple Imprisonment for 6(six) months would be required to be modified by invoking the provisions of Probation of Offenders Act, 1958. 7. For the reasons noted, hereinabove, this Court modifies the sentencing of the petitioner, herein, by the learned Trial Court vide Judgment dated 02.06.2010, to the extent of sentencing him to undergo Simple Imprisonment for 6(six) months, the petitioner in lieu of being sent to jail, is now directed to be granted the benefit under the provisions of Probation of Offenders Act, 1958. However, the fine imposed by the learned Trial Court by the impugned Judgment 02.06.2010, is not interfered with and as noticed, hereinabove, the same has already been deposited by the petitioner, herein. 8. As such, it is directed that the petitioner, herein, shall file 2(two) sureties to the tune of Rs.20,000/-(Rupees Twenty Thousand) each, along with personal bond before the learned Additional Chief Judicial Magistrate, Cacher, Silchar, and undertake to the effect that the petitioner shall keep peace and good behavior during the period of 6(six) months from the date of filing of the bond. The aforesaid bond be filed within 1(one) month from today. 9. With the above observations and directions, the present Page No.# 4/4 Criminal Revision Petition stands disposed of. 10. This Court places on record its appreciation for the able assistance rendered by Ms. B. S. Goyal, learned Amicus Curiae, towards disposal of the present revision petition. JUDGE Comparing Assistant