Page No.# 1/3 GAHC010207222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./242/2026 KAMALUDDIN AHMED SON OF JOYNAL AHMED @ ABEDIN , R/O AMGURI GHAT, DIKHOW EMBANKMENT, P.O.- SIVASAGAR, P.S. SIVASAGAR, DISTRICT- SIVASAGAR, ASSAM, PIN- 785640, PHOONE NO. 8812867103 VERSUS AMINUR RAHMAN SON OF LATE OHIDUR RAHMAN, R/O- DHAI ALI, WARD NO 2, P.O.- SIVASAGAR, P.S.- SIVASAGAR, DISTRICT- SIVASAGAR, ASSAM, PIN- 785640, PHONE NO. 9395191202 Advocate for the Petitioner : MR. A R SHOME, R DEB Advocate for the Respondent : , Linked Case : I.A.(Crl.)/469/2026 KAMALUDDIN AHMED SON OF JOYNAL AHMED @ ABEDIN R/O AMGURI GHAT DIKHOW EMBANKMENT P.O.- SIVASAGAR P.S. SIVASAGAR DISTRICT- SIVASAGAR ASSAM Page No.# 2/3 PIN- 785640 PHOONE NO. 8812867103 VERSUS AMINUR RAHMAN SON OF LATE OHIDUR RAHMAN R/O- DHAI ALI WARD NO 2 P.O.- SIVASAGAR P.S.- SIVASAGAR DISTRICT- SIVASAGAR ASSAM PIN- 785640 PHONE NO. 9395191202 ------------ Advocate for : MR. A R SHOME Advocate for : appearing for AMINUR RAHMAN BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07.05.2026 Heard learned counsel Mr. A.R. Shome for the petitioner/applicant, who has filed this application under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the judgment and order dated 17.07.2025 passed by the learned Additional Sessions Judge, FTC, Sivsagar, in connection with Criminal Appeal No. 16(3)/2024, upholding the judgment and order dated 29.07.2024 passed by the learned Chief Judicial Magistrate, Sivsagar in NI Case No. 35/2021. 2. The petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 to pay a compensation/fine of Rs.2,00,000/- (Rupees Page No.# 3/3 Two Lacs) with default stipulation. While preferring the appeal registered as Criminal Appeal No. 16 (3)/2024, the petitioner has already deposited 20% of the compensation amount and Annexure-6 series reveals that the petitioner has already deposited 20% of the compensation amount which has already been released in favour of the respondent. 3. Considering the submissions on behalf of the petitioner, the impugned judgment and order dated 17.07.2025 in Criminal Appeal No. 17.07.2025 passed by the learned Appellate Court and judgment and order dated 29.07.2024 in N.I. Case No. 35/2021 passed by the learned Trial Court is stayed until further orders. 4. As prayed for by the petitioner/applicant in connection with I.A. (Crl.)/469/2026, the petitioner/applicant is allowed to remain on previous bail until further orders and the operation of the impugned conviction and sentence is stayed until further orders. 5. I.A.(Crl.)/469/2026 stands disposed of. 6. Meanwhile, issue notice to the respondent, returnable within four weeks. 7. Call for the Trial Court Records as well as records of the appellate Court from the respective Courts. 8. List accordingly. JUDGE Comparing Assistant