Md. Giyasuddin Ahmed vs The State Of Assam And Anr
2022 Latest Caselaw 3456 Gua

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GAHC010189142019




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

                                Case No. : Crl.Rev.P./331/2019

            MD. GIYASUDDIN AHMED
            S/O SOFUDDIN AHMED, R/O SIJUBARI, MIRZAGALIB PATH, HOUSE NO. 09,
            P.O. AND P.S.-HATIGAON, DIST-KAMRUP(M), ASSAM

            VERSUS

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

            2:SMTI. SEHNAJ PARBIN @ SEHNAZ PARBIN
            W/O MOBJEL HOQUE
             R/O SIJUBARI
             HOUSE NO. 13
             C/O YUVA SAKTI SANSAY ARU RINDAN SAMABAI SAMITI LIMITED
             P.O. AND P.S.-HATIGAON
             DIST-KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. N UDDIN

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 09/09/2022

Heard Mr. M. Islam, the learned counsel appearing on behalf of the petitioner and Mr. K.K.Paresar, the learned Additional P.P. appearing on behalf Page No.# 2/3

of the respondent No. 1. However, none appears on behalf of the respondent No. 2 although the names of the learned counsel have been duly reflected in the cause list.

The instant revision application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973(for short "the Code") is directed against the judgment and order dated 12/7/2019 passed by the Additional Sessions Judge No. 2, Kamrup(Metro) in Criminal Appeal No. 156/2017 whereby the judgment and order dated 21/6/2017 passed by the learned Sub-Divisional Judicial Magistrate(S), Kamrup(Metro) in C.R. Case No. 1292/2015 was confirmed.

It is relevant to take note of that vide the judgment and order dated 21/6/2017 passed in C.R. Case No. 1292/2015, the petitioner herein was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to simple imprisonment of 12 months and also directed the accused petitioner to pay Rs.1,90,000/- to the complainant as compensation in place of the cheque amount of Rs. 1,20,000/- and in default to undergo simple imprisonment for another 4(four) months.

This Court vide an order dated 19/8/2019 had issued notice and till the returnable date, stayed the operation of the impugned judgment and order dated 21/6/2017 passed by the Appellate Court as well as the judgment dated 12/7/2019 passed by the Trial Court. Vide an order dated 21/4/2021 at the request of the learned counsel of both the parties, the matter was sent to the Mediation Centre of this Court for settlement and it was directed to be listed after 2(two) months with the mediation report. Subsequent thereto, the matter was placed before the Mediation Centre of this Court and Ms. Geeti Kakoti Das was appointed as a mediator.

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During the mediation, the parties accordingly amicably settled the disputes. On the basis of the said settlement and the terms agreed upon the mediator has submitted a report before this Court on 20/9/2021 containing the terms and conditions agreed between the petitioner and the respondent No. 2.

Taking into consideration the said report of the mediation, wherein both the petitioner and the respondent No. 2 have agreed to the terms and conditions therein, this Court closes the instant petition as per the terms and conditions agreed upon between the petitioner and the respondent No. 2 as contained in the mediation report dated 20/9/2021. The mediation report including the terms and conditions entered into between the petitioner and the respondent No. 2 is made a part of the instant order.

In view of the amicable settlement, the impugned judgment and order dated 12/7/2019 passed by the Additional Sessions Judge No. 2 in Crl. Appeal No. 156/2017 as well as the judgment and order dated 21/6/2017 passed by the Sub-Divisional Judicial Magistrate, Kamrup(Metro) in C.R. Case No. 1292/2015 are set aside.

It is however made clear that failure on the part of the petitioner to adhere to the terms and conditions mentioned in the mediation report dated 20/9/2021 shall give a right to the respondent No. 2 to approach this Court for seeking appropriate directions.

With the above observations and directions, the instant petition stands disposed off.

JUDGE

Comparing Assistant