MINTU KUMAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Bora, learned Sr. counsel appearing for the petitioner/accused appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam appearing for the State respondent No. 1 and Mr. A. Mannaf, learned counsel for the respondent No. 2/complainant.

(2.) By this petition under Sec. 482 Cr.P.C., the petitioner/accused is praying for quashing and setting aside the impugned judgment and order, dtd. 9/7/2018, passed ex-parte by the learned Additional Sessions Judge No. 4, Kamrup (M) at Guwahati in Crl. Appeal No. 98/2017, which was filed by the petitioner/accused appellant against the judgment and order of his conviction and sentence passed under Sec. 138 of the Negotiable Instrument Act, 1881 ('N.I. Act' for short).

(3.) The petitioner's case precisely is that after due trial, the learned Sub- Divisional Judicial Magistrate No. 2, Kamrup (M) at Guwahati convicted and sentenced him under Sec. 138 of the N.I. Act vide judgment and order, dtd. 3/4/2017 passed in C.R. Case No. 1764C/2015. Being aggrieved, he preferred an appeal before the Court of learned Sessions Judge, Kamrup (M) at Guwahati, which was registered as Criminal Appeal No. 98/2017. The aforesaid appeal was placed before the Court of learned Additional Sessions Judge No. 4, Kamrup (M) at Guwahati for disposal. However, when the appeal came up for hearing on 25/6/2015, the petitioner's learned counsel did not appear and the learned Court without appointing an amicus curiae, heard the learned counsel for the respondent and by the impugned judgment and order, dt. 9/7/2018, dismissed the appeal. Hence, the instant petition praying as above.