Page No.# 1/3 GAHC010239292023 2026:GAU-AS:6026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/791/2025 SRI PRIYA NATH GOGOI S/O LATE GOHIN GOGOI, R/O BANIPUR, P.O.-BANIPUR, P.S.-DIBRUGARH, DIST.- DIBRUGARH, ASSAM. VERSUS SRI RANJAN GOGOI S/O SRI DEOBAR BORAH, R/O BANIPUR, P.O.-BANIPUR, P.S.- DIBRUGARH, DIST.- DIBRUGARH, ASSAM. Advocate for the Petitioner : MR. A K GUPTA, Advocate for the Respondent : , Linked Case : Crl.Rev.P./285/2025 SRI PRIYA NATH GOGOI S/O LATE GOHIN GOGOI R/O BANIPUR P.O.-BANIPUR P.S.-DIBRUGARH DIST.- DIBRUGARH ASSAM. VERSUS Page No.# 2/3 SRI RANJAN GOGOI S/O SRI DEOBAR BORAH R/O BANIPUR P.O.-BANIPUR P.S.- BANIPUR DIST.-DIBRUGARH ASSAM. ------------ Advocate for : MR. A K GUPTA Advocate for : MR. S DUTTA appearing for SRI RANJAN GOGOI BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 04-05-2026 Heard Mr. R. S. Mishra, learned counsel appearing for the applicant. Also heard Mr. S Dutta, learned counsel appearing for the respondent. 2. This application, preferred under Section 397(1) of the Cr.P.C., seeks suspension of the sentence imposed upon the applicant by the learned Chief Judicial Magistrate, Dibrugarh, in N.I. Case No. 146/2013, vide Judgment and Order dated 20.09.2019, as affirmed by the Judgment and Order dated 18.08.2022 passed by the learned Additional Sessions Judge (FTC), Dibrugarh, in Criminal Appeal No. 32(4)/2019. 3. The records reveal that the learned Trial Court, upon hearing the parties, by Judgment and Order dated 20.09.2019, convicted the applicant under Section 138 of the N.I. Act, 1881, and sentenced him to pay a sum of Rs. 6,00,000/- as compensation to the opposite party, with a further direction that, in default of payment, he shall undergo simple imprisonment for a period of six months. Page No.# 3/3 4. The Appellate Court, in appeal, has affirmed and upheld the said conviction and sentence. 5. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court is of the considered view that the applicant has made out a prima facie case warranting grant of interim relief. 6. Accordingly, the operation of the sentence imposed by the learned Chief Judicial Magistrate, Dibrugarh, in N.I. Case No. 146/2013, vide Judgment and Order dated 20.09.2019, shall remain stayed, subject to the deposit of 20% of the awarded compensation before the Registry within a period sixty days from the date of this order as per Section 148 of the N.I. Act, 1881. 7. The interlocutory application stands disposed of. JUDGE Comparing Assistant