Gauhati High Court
Subhash Kumar Panwar vs Carrier Midea India Pvt Ltd And Anr on 3 March, 2023
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GAHC010016772023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./39/2023
SUBHASH KUMAR PANWAR
PROPRIETOR OF G.S. ELECTRONICS, KAMRUP FLOUR MILLS COMPOUND,
G.S. ROAD, NEWS LIVE, CHRISTIANBASTI, GUWAHATI-781005.
VERSUS
CARRIER MIDEA INDIA PVT LTD AND ANR
A REGISTERED COMPANY CARRYING ON BUSINESS ACTIVITIES AS
CONSUMER DURABLES COMPANY HAVING ITS REGISTERED OFFICE AT
PLOT NO. 51, SECTOR-32, GURGAON, -122001, HARYANA AND BRANCH
OFFICE AT 563, SOOD VILLA, 2ND FLOOR, CHRISTIANBASTI, OPP. SOHUM
SHOPPEE, G.S. ROAD, GUWAHATI-781005, REP. BY ITS SALES MANAGER
SRI MANOJ KUMAR HAZARIKA.
2:THE STATE OF ASSAM
REP. BY THE PP
ASSA
Advocate for the Petitioner : MR. O P BHATI
Advocate for the Respondent : PP, ASSAM
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
03. 03. 2023
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Heard Mr. P Sarma, learned counsel for the petitioner.
The present application is filed assailing order dated 21.12.2022 passed by
the learned Additional Sessions Judge No. 5, Kamrup (M), Guwahati in petition
No. 793/2021 filed by the present petitioner was rejected. The respondent No. 1
herein initiated a prosecution under Section 138 of NI Act against the petitioner,
which was registered as CR case No. 1454/2015 alleging dishonor of a cheque
for Rs. 1,90,630/-. The learned trial court below by its judgment and order
dated 31.03.2021 convicted the petitioner herein and sentenced him to undergo
simple imprisonment for three months and further to pay compensation of Rs.
2,00,000/- only to the complainant within a period of one month from the date
of judgment.
Being aggrieved, the petitioner preferred an appeal, which was registered
as Criminal Appeal No. 50/2021 and pending for disposal before the learned
court of Additional Session Judge No. 5, Kamrup (M) at Guwahati.
In the aforesaid petition, the respondents filed a petition being petition
No. 577/2022 praying that the present petitioner be directed to pay 20% of the
cheque amount to the respondents under Section 148 (1) of the NI Act and it
was directed accordingly, by the learned appellate court under its order dated
04.05.2021.
The present petitioner also preferred a petition being petition No.
793/2021 with a prayer that in term of the judgment of the Hon'ble Apex Court
in the case of Damodar S Prabhu vs Sayed Babalal H reported in (2010)
5 SCC 663, the petitioner be allowed to deposit total compensation amount
along with 15% interest i.e. total an amount of Rs. 2,28,594.50 so as to settle
the dispute. Such application has been rejected by the learned appellate court
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by way of the impugned order.
Mr. Sarma submits that his client is even willing to deposit the entire
amount of Rs. 2,00,000/- along with 15% interest in term of the Hon'ble Apex
Court's decision in Damodar (supra) and further prays that he may be granted
interim protection till the respondents appear in the case.
In the considered opinion of this court, such submission is a fair
submission. Accordingly, it is provided that the further proceeding in CA No.
50/2021 pending before the learned Additional Sessions Judge No. 5, Kamrup
(M), Guwahati shall remain suspended subject to deposit of Rs. 2,28,594.50
before the Registry of this court. Proof of deposit be placed before the learned
appellate court along with this order. Such deposit be made by 14.03.2023.
Await for the service report on respondents No. 1.
JUDGE
Comparing Assistant
