BIKASH BHUIYA Vs. NEPAL CHANDRA DAS

JUDGEMENT

(1.) Heard Mr. P.K. Deka, learned counsel for the applicant/ revision petitioner. Also heard Mr. A.M. Borah, learned Senior counsel appearing for the respondent No. 1 and Mr. B.J. Dutta, learned Addl. PP., for the respondent No. 2/ State.

(2.) This interlocutory application is filed by the applicant in Crl. Revision Petition No. 35/2017 praying for converting the aforesaid Criminal Revision to a Criminal Appeal under Section 401 (5) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short).

(3.) The applicant/ revision petitioner has preferred Crl. Rev. Petition No. 35/2017 against the judgment and order dated 08.12.2016 passed by the learned Addl. Sessions Judge, F.T.C., Cachar at Silchar in Crl. Appl. No. 14/2016 setting aside the judgment and order, dated 24.05.2016 passed by the learned Addl. Chief Judicial Magistrate, Cachar at Silchar in N.I. Case No. 39/2011 convicting the respondent No. 1 under Section 138 of the Negotiable Instruments Act ('N.I. Act' for short) and sentenced him to pay an amount of Rs. 1600000/- in total to the applicant/ revision petitioner, in default to undergo simple imprisonment for 2 (two) years.