Kamakhya Chandra Das vs The State Of Assam And Anr
2021 Latest Caselaw 2626 Gua

                                                                    Page No.# 1/4

GAHC010048072019




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

                                 Case No. : Crl.Rev.P./87/2019

            KAMAKHYA CHANDRA DAS
            S/O LATE KUNJAN MOHAN DAS, R/O KRISHNA NAGAR, WARD NO. 2, P.O.-
            HOJAI, P.S.-HOJAI, DIST-HOJAI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:SHYAMAL ROY
             S/O LATE HARIPADA ROY
             R/O PUB DHANIRAM PATHAR
             P.O.-HOJAI
             P.S.-HOJAI
             DIST-HOJAI
            ASSA

Advocate for the Petitioner   : MR. S BORTHAKUR

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.Rev.P./90/2019

            KAMAKHYA CHANDRA DAS
            S/O LATE KUNJAN MOHAN DAS
            R/O KRISHNA NAGAR
            WARD NO. 2
            P.O.-HOJAI
                                                                         Page No.# 2/4

            P.S.-HOJAI
            DIST-HOJAI
            ASSAM


            VERSUS

           THE STATE OF ASSAM AND ANR.
           REPRESENTED BY THE PUBLIC PROSECUTOR
           ASSAM

           2:SHYAMAL ROY
           S/O LATE HARIPADA ROY
            R/O PUB DHANIRAM PATHAR
            P.O.-HOJAI
            P.S.-HOJAI
            DIST-HOJAI
           ASSAM
            PIN -782435
            ------------
           Advocate for : MR. S BORTHAKUR
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 29-10-2021

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. D. Dey, learned counsel for the respondent No.2 and Ms. S. Jahan, learned Addl. Public Prosecutor for the respondent No.1.

The Criminal Revision Petition No.87/2019 has been filed challenging the judgment dated 25.09.2018, passed by the Court of Sub Divisional Judicial Magistrate(M), Hojai, Sankardev Nagar in N.I Case No.35/2016, under Section 138 of the Negotiable Instruments Act, 1881 and also the judgment dated 24.01.2019, passed by the Additional District & Sessions Page No.# 3/4

Judge, Fast Track Court, Hojai, Sankardev Nagar in Criminal Appeal No.17/2018 affirming the judgment dated 25.09.2018, passed by the Court of Sub Divisional Judicial Magistrate(M), Hojai, Sankardev Nagar in N.I Case No.35/2016.

The Criminal Revision Petition No.90/2019 has been filed challenging the judgment dated 25.09.2018, passed by the Court of Sub Divisional Judicial Magistrate(M), Hojai, Sankardev Nagar in N.I Case No.10/2017, under Section 138 of the Negotiable Instruments Act, 1881 and also the judgment dated 25.01.2019, passed by the Additional District & Sessions Judge, Fast Track Court, Hojai, Sankardev Nagar in Criminal Appeal No.18/2018 affirming the judgment dated 25.09.2018, passed by the Court of Sub Divisional Judicial Magistrate(M), Hojai, Sankardev Nagar in N.I Case No.10/2017.

In both the impugned judgments, the learned Court below, having found the petitioner guilty of offence under Section 138 of the Negotiable Instruments Act, 1881 has, inter alia, directed the petitioner to pay compensation amount of Rs.3,50,000/-(Rupees Three Lakhs Fifty Thousand only) each to the respondent No.2.

The petitioner has now filed an additional affidavit dated 25.08.2021, stating that the petitioner and the respondent No.2 have come to an amicable and out of Court settlement for an amount of Rs.1,75,000/-(Rupees One Lakhs Seventy Five Thousand only) each to be paid by the petitioner to the respondent No.2. A Declaration dated 23.02.2021 signed by the petitioner and the respondent No.2 stating the settlement arrived at between the parties in the manner indicated above, has been annexed as Annexure-1 in the additional affidavit filed by the Page No.# 4/4

petitioner.

Mr. Dey, learned counsel representing the respondent No.2 submits that the respondent No.2 is agreeable to the amicable settlement arrived at by and between the parties, as indicated hereinabove.

In view of the above, as all the offences under the Negotiable Instruments Act, 1881 has been provided to be compoundable in nature, under Section 147 thereof, these revision petitions shall stand disposed of, in terms of the settlement arrived at by and between the parties, as indicated hereinabove.

Consequently, the impugned judgments dated 25.09.2018, passed by the Court of Sub Divisional Judicial Magistrate(M), Hojai, Sankardev Nagar in N.I Case No.35/2016 as well as in N.I. Case No.10/2017; and also the impugned judgments dated 24.01.2019 and 25.01.2019, passed by the Additional District & Sessions Judge, Fast Track Court, Hojai, Sankardev Nagar in Criminal Appeal No.17/2018 and in Criminal Appeal No.18/2018, respectively stands set aside and quashed.

These Criminal Revision Petitions stand disposed of, in terms above.

JUDGE

Comparing Assistant