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2025 DAILYLAW 8932 (GAU)

NAGESWAR SONOWAL v. JYOTI PRASAD BORA

I.A.(Crl.)/245/2025 · 2025-03-18

Susmita Phukan Khaund

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010050922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/245/2025 NAGESWAR SONOWAL S/O DHARMESWAR SONOWAL R/ODERGAON TOWN WARD NO. 7 P.O. DERGAON P.S. DERGAON DIST.GOLAGHAT ASSAM VERSUS JYOTI PRASAD BORA S/O LATE JADAV BORAH R/O DERGAON TOWN WARD NO. 6 P.O. DERGAON P.S. DERGAON DIST.GOLAGHAT ASSAM ------------ Advocate for : MR B BORA Advocate for : appearing for JYOTI PRASAD BORA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.03.2025 1. Learned counsel Mr. B.Bora is present for the applicant who submits that although concurrent judgments and orders are passed against the applicant yet Page No.# 2/2 the appeal lies against the concurrent judgment and order dated 31.12.2020 in C.R. (NI) Case No. 13/2017 passed by the learned Addl.CJM, Golaghat as well as judgment and order dated 18.12.2024 in Criminal Appeal No. 7/2021 passed by the learned Addl.Sessions Judge, Golaghat. 2. It is submitted that both the courts have ignored the submission of the applicant that the applicant/petitioner had lost his cheque book which was misused by the respondent. It is also further submitted that the applicant/petitioner had deposited 20% of compensation amount already in the appellate court and the judgment dated 18.12.2024 in connection with in Criminal Appeal No. 7/2021 clearly reflects that 20% of the compensation amount was already withdrawn by the respondent. 3. It appears that stay of the operation of impugned judgments and orders as aforesaid may be granted. 4. Therefore, the operation of the impugned judgment and order dated 31.12.2020 in C.R. (NI) Case No. 13/2017 as well as judgment and order dated 18.12.2024 in Criminal Appeal No. 7/2021 are stayed until further order. 5. The interlocutory application stands disposed of . JUDGE Comparing Assistant