Md. Khurshed vs The State Of Assam And Anr
2022 Latest Caselaw 374 Gua

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GAHC010043912020




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

                                Case No. : Crl.Rev.P./84/2020

             MD. KHURSHED
             S/O LATE ABDUL RASHID, R/O COL. J. ALI ROAD, HAMID COMPLEX, P.O.
             AND P.S.-PANBAZAR, DIST-KAMRUP(M), ASSAM, PIN-781001



             VERSUS

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

             2:DILIP KAR
              S/O LATE PARESH KAR
              R/O LAKHTOKIA
              P.O. AND P.S.-PANBAZAR
              DIST-KAMRUP(M)
             ASSAM
              PIN-78100

Advocate for the Petitioner   : MR N N UPADHYAYA

Advocate for the Respondent : PP, ASSAM


                                        :: BEFORE ::
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                          ORDER

04.02.2022

By filing this petition under Sections 397 & 401 read with Section 482 Page No.# 2/2

CrPC, the petitioner has challenged the judgment and order dated 17.12.2019 passed by the learned Addl. Sessions Judge No.5, Kamrup(M) in Criminal Appeal No.168/2016 whereby the appeal was dismissed on contest and upheld the conviction of the accused/petitioner under Section 138 of the N.I. Act passed by the learned trial court in C.R. Case No.3445/2014.

Heard the learned counsel for both the parties.

On perusal of the record, it reveals that there was part payment by the petitioner by entering into an agreement with the other side on different dates and thus the petitioner has paid an amount of Rs.1,20,000/- to the respondent but he has to pay an amount of Rs.1,40,000/-, which he has not paid till date.

The petitioner herein, however, now undertakes to pay the remaining amount if some time is provided.

In view of the matters on record that some part payment has already been made, and the petitioner is ready to pay the remaining amount, he is given two weeks' time to pay the amount towards the settlement otherwise the matter will be decided on merit.

List on 28.02.2022 for final decision.

By the next date, the parties will furnish copy of the settlement by way of an affidavit.

JUDGE

Comparing Assistant