MD. ALTAF HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Petitioners are represented by learned counsel, Mr. MR Islam. State respondent is represented by Mr. BB Gogoi, learned Additional Public Prosecutor, Assam. Both the parties are personally present before the Court in accordance with the order, dated 26-04-2019 along with their learned counsel.

(2.) By this petition filed, under Sections 397/401, read with Section 482 Cr.P.C., the petitioner has sought for quashment of the judgment and order, dated 22-01-2015, passed by learned Page No.# 2/3 Judicial Magistrate, First Class, Kamrup (M), Guwahati, in CR Case No. 3326 of 2008, convicting the petitioner No. 1 and sentenced him to undergo simple imprisonment for 1 month and to pay a fine of Rs.30,000/-, for the offence punishable under Section 138 of the NI Act as well as the judgment and order, dated 04-01-2017, passed by the learned Additional Sessions Judge No. 3, Kamrup (M), Guwahati, in Criminal Appeal No. 11/2015, reducing the substantive sentence to 10 days' simple imprisonment.

(3.) I have perused the petition including the annexures furnished thereto and the orders, passed by the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati as well as Additional Sessions Judge No. 3, Kamrup (M), Guwahati.