Gauhati High Court
I.A.(Crl.)/623/2026 of SMTI MOROMEE BEGUM Vs SMTI RINA PRADHAN on 26 August 2026
GAHC010115572026 2026:GAU-AS:12366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./321/2026 SMTI MOROMEE BEGUM W/O- MD. JAKIR HUSSAIN R/O- AMBIKA GIRI RAY CHOUDHURY PATH, TINSUKIA P.S. TINSUKIA DISTRICT - TINSUKIA, ASSAM VERSUS SMTI
GAHC010115572026
2026:GAU-AS:12366
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./321/2026
SMTI MOROMEE BEGUM
W/O- MD. JAKIR HUSSAIN R/O- AMBIKA GIRI RAY CHOUDHURY PATH, TINSUKIA P.S. TINSUKIA DISTRICT - TINSUKIA, ASSAM
VERSUS
SMTI RINA PRADHAN
W/O- SRI LAXMAN PRADHAN R/O- HIJUGURI, NEAR KANCHA GARAGE, TINSUKIA P.O.- HIJUGURI P.S.- TINSUKIA DISTRICT- TINSUKIA PIN-786192
Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. A HASAN
Advocate for the Respondent : MR. I K BURAGOHAIN, Linked Case : I.A.(Crl.)/623/2026
SMTI MOROMEE BEGUM
W/O- MD. JAKIR HUSSAIN R/O- AMBIKA GIRI RAY CHOUDHURY PATH
TINSUKIA P.S. TINSUKIA DISTRICT - TINSUKIA
ASSAM.
VERSUS
SMTI RINA PRADHAN
W/O- SRI LAXMAN PRADHAN R/O- HIJUGURI
NEAR KANCHA GARAGE
TINSUKIA P.O.- HIJUGURI P.S.- TINSUKIA DISTRICT- TINSUKIA PIN-786192
------------
Advocate for : MR. N HASAN
Advocate for : appearing for SMTI RINA PRADHAN
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
27.08
. 2026 Heard Mr. N. Hasan, learned counsel for the petitioner. Also heard Mr. I.K. Buragohain, learned counsel for the respondent.
2. The present appeal is preferred under Section 415/ 423/ 424/ 427/ 430 of BNSS, 2023 challenging the judgment dated 28.01.2026 passed by the learned Addl. Sessions Judge, Tinsukia, in Criminal Appeal No. 02 (1)/ 2026, affirming and modifying the judgment and order dated 20.06.2025 passed by the learned Addl. Chief Judicial Magistrate, Tinsukia, in N.I. Case No. 212/2019.
3. The petitioner was convicted under Section 138 of the N.I. Act, and she was sentenced to undergo rigorous imprisonment of 1(one) year and to pay a fine of 5,00,000/- with default stipulations. The learned appellate Court affirmed the judgment of the trial Court.
4. The petitioner was arrested and produced before the Court of the Additional Chief Judicial Magistrate (CJM), Tinsukia on 31.07.2026 and she has been in custody since then.
5. Today, Mr. N. Hasan has jointly submitted that the petitioner has already paid the amount of ₹5,00,000/- to the respondent and the respondent is no longer interested in sending the petitioner to jail to serve the sentence. The respondent has filed an affidavit to that effect.
6. I have considered the submissions made by the learned counsels of both sides.
7. The respondent has received the amount of ₹5,00,000/- and she is no longer interested in the present petitioner going to serve the sentence of 3(three) months. It is the wish of the respondent, and the Court has to agree with her.
8. For the aforesaid reasons, the revision petition is allowed.
9. Both the judgments dated 28.01.2026 passed by the learned Addl. Sessions Judge, Tinsukia in Criminal Appeal No.14(3) of 2025, affirming and modifying the judgment dated 20.06.2025 passed by the learned Addl. Chief Judicial Magistrate, Tinsukia in N.I. Case No.212/2019, to the extent of setting aside the requirement of the petitioner to undergo imprisonment as a part of the sentence.
10. The petitioner, who is stated to be in custody pursuant to her arrest on 31.07.2026, shall be forthwith released from custody.
11. With the aforesaid direction, the criminal revision petition is disposed of accordingly.
12. The Registry to take steps accordingly forthwith. JUDGE Comparing Assistant