Page No.# 1/3 GAHC010008752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/704/2026 SRI SHEKHAR DAS S/O LATE SISHIR KUMAR DAS R/O HOUSE NO. 2 RAMKRISHNA SARANI P.O. AND P.S.- SILCHAR DIST.- CACHAR (ASSAM) PIN- 788005. VERSUS SRI BISWAJIT DAS S/O LATE GOUR GOPAL DAS R/O ITKHOLAGHAT KALIBARI ROAD C/O MAA BHANDER P.O. AND P.S.- SILCHAR DIST.- CACHAR (ASSAM) PIN ------------ Advocate for : Annie Gogoi Advocate for : appearing for SRI BISWAJIT DAS Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 22.07.2026 Heard Mr. O. Laskar, learned counsel for the applicant. 2. The petitioner, namely, Shekhar Das, has filed this application under Section 438(1) BNSS, 2023, with prayer for suspension of operation of the order of conviction and sentence dated 17.01.2025, passed by the learned Additional Sessions Judge No.3, Cachar, Silchar in Criminal Appeal No.32/2023, upholding the judgment and order dated 09.05.2023, passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar in N.I. Case No.152/2017, wherein, the petitioner was convicted under Section 138 of the N.I. Act to pay a compensation of Rs.5 Lakhs with default stipulation. 3. It is submitted that the petitioner has a good case as the appreciation of the evidence by the learned trial court was perverse, which has been ignored by the learned Appellate Court. 4. I have considered the submission on behalf of the petitioner. 5. Considering the entire aspect of the matter, the operation of the order of conviction and sentence dated 09.05.2023, passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar in N.I. Case No.152/2017 is suspended until further orders, subject to the condition that the petitioner shall deposit 20% of the compensation amount before the learned trial court within 2(two) months from today. Further, the operation of the order dated 17.01.2025 in Criminal Appeal No.32/2023 is also suspended until further Page No.# 3/3 orders. 6. The NBWA issued by the learned trial court is also kept in abeyance until further orders. 7. Accordingly, this interlocutory application stands disposed of. JUDGE Comparing Assistant