Kishore Kr. Bez vs Ranjanjyoti Huzuri
2021 Latest Caselaw 2883 Gua

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GAHC010105052021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./173/2021

            KISHORE KR. BEZ
            S/O- SHRI MANIK CH. BEZ,R/O- FATASIL,KAILASHPUR,P.S-
            BHARALUMUKH,DIST-KAMRUP(M),ASSAM



            VERSUS

            RANJANJYOTI HUZURI
            S/O-SHRI BHABEN HUZURI,R/O-AMBARI,LAMB ROAD,P.S-
            LATASIL,GUWAHATI,DIST-KAMRUP(M),ASSAM,GHY-1



Advocate for the Petitioner   : MR. M BISWAS

Advocate for the Respondent : MR. J K GOSWAMI




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 15.11.2021

Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the respondent No.1 and Mr. J. K. Goswami, learned counsel for the respondent No.2.

This Criminal Revision Petition under Section 397 read with Section Page No.# 2/3

401 of the Cr.P.C, 1973 is directed against the judgment and order dated 16.11.2018, passed by the learned Additional Sessions Judge, No.1, Kamrup(M) in Criminal Appeal No.331/2016, whereby the learned Additional Sessions Judge, had affirmed the judgment and order dated 06.06.2016, passed by the learned Judicial Magistrate First Class, Kamrup(M), Guwahati in C.R Case No.3399/2010, under Section 138 of the Negotiable Instruments Act, 1881 convicting the petitioner under Section 138 of the N.I. Act, and sentenced to undergo simple imprisonment of 4(four) months and to pay compensation of Rs.4,00,000/-(Rupees Four Lakhs) to the complainant as the total cheque amount is of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand).

Mr. Biswas, learned counsel for the petitioner submits that after the impugned judgment and order dated 16.11.2018 was passed by the learned Addl. Sessions Judge, No.1, Kamrup(M), Guwahati in Criminal Appeal No.331/2016 and the petitioner was in custody, undergoing the sentenced imposed, a deed of compromise agreement was signed between the petitioner's father and the respondent No.2/complainant on

28th day of June, 2021 at Guwahati, whereby the parties have amicably settled the matter on the terms contained therein, which deed of agreement has been annexed as Annexure-3 to the revision petition.

Mr. Goswami, learned counsel for the respondent No.2/complainant endorses the submission made by Mr. Biswas, learned counsel for the petitioner and does not dispute the fact that the matter has been amicably settled by and between the parties on the terms contained in the deed of agreement, annexed as Annexure-3 to the revision petition.

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In view of the above and in the light of the Section 147 of the N.I Act, 1881 and Section 320(6) of the Cr.P.C, this criminal revision petition shall stand closed on the offence having been compounded by the parties.

Consequently, the judgment and order dated 06.06.2016, passed by the learned Judicial Magistrate First Class, Kamrup(M), Guwahati in C.R Case No.3399/2010, under Section 138 of the N.I. Act, 1881 as well as the impugned judgment and order dated 16.11.2018, passed by the learned Addl. Sessions Judge, No.1, Kamrup(M), Guwahati in Criminal appeal No.331/2016 shall stand set aside and quashed.

The criminal revision petition stands disposed of and closed, in terms above.

JUDGE

Comparing Assistant