Sumanta Majumdar vs Dhrubajyoti Hazarika
2023 Latest Caselaw 1926 Gua

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GAHC010239682019




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

                                 Case No. : Crl.Rev.P./421/2019

            SUMANTA MAJUMDAR
            S/O SRI SAROJ KUMAR MAJUMDAR, R/O 5-B NAIHATI, 24 PARGANA, P.O.
            AND P.S.-NAIHATI, WEST BENGAL, PIN-743165



            VERSUS

            DHRUBAJYOTI HAZARIKA
            S/O LATE D.K. HAZARIKA, R/O HAZARIKA COMPLEX, GANESHGURI
            CHARIALI, G.S. ROAD, DISPUR, GUWAHATI, PIN-781006



Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. K BHATTACHARJEE


             Linked Case : I.A.(Crl.)/344/2023

            SUMANTA MAJUMDAR

            S/O SRI SAROJ KUMAR MAJUMDAR
            R/O 5-B NAIHATI
            24 PARGANA
            P.O. AND P.S.-NAIHATI
            WEST BENGAL
            PIN-743165


             VERSUS

            DHRUBAJYOTI HAZARIKA
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           S/O LATE D.K. HAZARIKA
           R/O HAZARIKA COMPLEX
           GANESHGURI CHARIALI
           G.S. ROAD
           DISPUR
           GUWAHATI
           PIN-781006


           ------------
           Advocate for : MR. S K GOSWAMI
           Advocate for : MR. K BHATTACHARJEE appearing for DHRUBAJYOTI
           HAZARIKA


                                 BEFORE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

Date : 12-05-2023

Heard Mr. S.K. Goswami, learned counsel for the applicant/petitioner, Sumanta Majumder.

The applicant/petitioner has filed an application under section 147 of the NI Act for compounding the offence. As per the judgment and order dated 05.04.2019 passed by the JMFC, Kamrup (M) at Guwahati in CR Case No.981/2015, the applicant/petitioner was convicted under section 138 NI Act and was sentenced to undergo SI for 3 (three) months and to pay a fine of Rs.80,000/- with default stipulation.

It is submitted on behalf of the applicant/petitioner that the applicant/petitioner has amicably settled the dispute with the opposite party and an amount of Rs.60,000/- was paid by the applicant/petitioner to the opposite party vide cheque No.595541 dated 10.04.2023 and cheque No.595542 dated 12.04.2023.

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Heard Ms. B Talukdar, learned counsel for the respondent who has submitted that an amount of Rs.60,000 has been received by the respondent, Dhrubajyoti Hazarika and she has no objection if the offence is compounded and if the applicant/petitioner is acquitted from the charges under section 138 NI Act.

As per the section 147 NI Act, the offence between both the parties is allowed to be compounded and the order of conviction and sentence vide the judgment and order dated 05.04.2019 in CR Case

No.981c/2020 under section 138 NI Act passed by the learned CJM, Kamrup (M) is hereby set aside and quashed.

In terms of the above observation, the interlocutory application and the criminal revision petition stands disposed of.

JUDGE

Comparing Assistant