Mintu Kalita vs Diganta Das
2022 Latest Caselaw 824 Gua

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GAHC010033822022




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

                                 Case No. : Crl.Pet./140/2022

            MINTU KALITA
            S/O LATE LAKHESWAR KALITA
            R/O KOCHPARA, SATGAON,
            SATGAON- BAGHORBORI ROAD,
            UDAYAN BIHAR, UNDER SATGAON POLICE STATION, KAMURP (M),
            ASSAM, PIN-781027



            VERSUS

            DIGANTA DAS
            SON OF LATE PARESH CHANDRA DAS,
            R/O HOUSE NO. 10, ANANDA NAGAR, BYE LANE NO. 5,
            NEAR AXIS BANK, UNDER DISPUR POLICE STATION, BHANGAGARH, PIN-
            781005, KAMRUP (M), ASSAM



Advocate for the Petitioner   : MR J BORAH

Advocate for the Respondent : MR. B BHAGAWATI




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

08.03.2022

Heard Mr. R. Sarmah, learned counsel for the petitioner. Also heard Mr. B.

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Bhagawati, learned counsel for the respondent.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for

quashing of the proceeding in C.R. Case No. 3213 C/2013 under Section 138 of the Negotiable Instrument Act, 1881 ('N.I. Act' for short) as well as the impunged Judgment and Order, dated 29.08.2017, passed by the learned Addl.

C.J.M., Kamrup (M) at Guwahati in C.R. Case No. 3213 C/2013, whereby the accused petitioner was convicted and directed him to pay fine of Rs.8,00,000/- and in default, to undergo S.I. for a period of 6 months.

Mr. R. Sarmah, learned counsel for the petitioner, submits that the aforesaid case has been amicably settled between the parties outside the Court by making full payment of the fine amount to the respondent/complainant in terms of the judgment and order, dated 29.08.2017 passed by the learned Addl.

C.J.M., Kamrup (M) at Guwahati in C.R. Case No. 3213 C/2013 and as such, the aforesaid impugned judgment and order may be set aside and quashed as prayed.

Mr. B. Bhagawati, learned counsel for the respondent/complainant, submits that by the impugned judgment and order, the petitioner is sentenced to pay only fine amount of Rs.8,00,000/- under Section 138 of the N.I. Act, in default of payment of fine, to undergo simple imprisonment for 6 months and as such, the fine amount being the substantive punishment awarded in the case and the aforesaid fine amount being paid to the respondent, the same may be set aside and quashed as prayed on full satisfaction.

Upon hearing the learned counsel for both the sides and taking into consideration of Section 147, which makes the offence under Section 138 of the N.I. Act compoundable on satisfaction of the punishment of fine vide Annexure-

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II, the Deed of Settlement, the prayer for setting aside and quashing of the impugned judgment and order may be allowed.

Accordingly, the impugned Judgment and order, dated 29.08.2017, passed by the learned Addl. C.J.M., Kamrup (M) at Guwahati in C.R. Case No.

3213C/2013 is hereby set aside and quashed on satisfaction.

The criminal petition stands disposed of.

JUDGE

Comparing Assistant