Gauhati High Court
Rajesh Das vs Diganta Sarma And Anr on 5 August, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010034132019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./65/2019
RAJESH DAS
R/O A.E.I. ROAD, CHANDMARI, PO A.E.I., PS CHANDMARI, GUWAHATI-03,
DIST. KAMRUP(M), ASSAM
VERSUS
DIGANTA SARMA AND ANR.
S/O LATE RAMESH CH. SARMA, R/O VILLAGE NANDANUPR, JAPORIGOG,
PS DISPUR, GUWAHATI-05, DIST. KAMRUP (M), ASSAM
2:STATE OF ASSAM
REP. BY PP
ASSA
Advocate for the Petitioner : MR. B DEKA, MR. B P CHANGMAI
Advocate for the Respondent : PP, ASSAM, M J ABEDIN,MR. M A ISLAM
Linked Case : I.A.(Crl.)/149/2019
RAJESH DAS
R/O A.E.I. ROAD
CHANDMARI
PO A.E.I.
PS CHANDMARI
GUWAHATI-03
DIST. KAMRUP(M)
ASSAM
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VERSUS
DIGANTA SARMA AND ANR.
S/O LATE RAMESH CH. SARMA
R/O VILLAGE NANDANUPR
JAPORIGOG
PS DISPUR
GUWAHATI-05
DIST. KAMRUP (M)
ASSAM
2:STATE OF ASSAM
REP. BY PP
ASSAM
------------
Advocate for : MR. B DEKA
Advocate for : PP
ASSAM appearing for DIGANTA SARMA AND ANR.
Linked Case : I.A.(Crl.)/410/2024
DIGANTA SARMA
S/O LATE RAMESH CH. SARMA
R/O VILLAGE NANDANUPR
JAPORIGOG
PS DISPUR
GUWAHATI-05
DIST. KAMRUP (M)
ASSAM
VERSUS
RAJESH DAS AND ANR
S/O LATE BABUL DAS
R/O A.E.I. ROAD
CHANDMARI
PO A.E.I.
PS CHANDMARI
GUWAHATI-03
DIST. KAMRUP(M)
ASSAM
2:THE STATE OF ASSAM
REP. BY THE PP
ASSAM
------------
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Advocate for : MR M A ISLAM
Advocate for : PP
ASSAM appearing for RAJESH DAS AND ANR
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
05-08-2024
Heard Mr. B. Deka, learned counsel for the petitioner and Mr. M. A. Islam, learned counsel
for the complainant/respondent No.1. Also heard Ms. N. Das, learned Additional Public Prosecutor,
Assam for the respondent No.2.
2. The complainant/respondent No.1 filed a complaint petition under Section 138 of the N.I.
Act, alleging that the accused, i.e., the petitioner herein issued a cheque amounting to
Rs.3,00,000/- in his favour that was dis-honoured by the drawee bank. Said complaint of the
respondent No.1 was registered as C.R. Case No. 1156 c/2008 before the learned Judicial
Magistrate, 1st Class, Kamrup (Metro), Guwahati. After hearing the parties and considering the
evidence, the learned JMFC, Kamrup (M), Guwahati by judgment dated 08.09.2016 convicted the
petitioner under Section 138 of the N.I. Act, and sentenced him to undergo imprisonment for six
months and further to pay compensation of Rs.5,00,000/-, in default of payment of compensation
to undergo Simple Imprisonment for another two months.
3. Against the said judgment of conviction and sentence dated 08.09.2016, the petitioner
preferred an appeal before the learned Sessions Judge, Kamrup (M), Guwahati, being Crl. A. No.
264/2015. The learned Additional Sessions Judge, (FTC) No.III, Kamrup (M), Guwahati by
judgment dated 14.12.2018 dismissed the said appeal of the petitioner, upholding the order of
the learned JMFC, Kamrup (M), Guwahati dated 08.09.2016, noted above.
4. Being aggrieved with those two judgments dated 08.09.2016 passed by the learned JMFC,
Kamrup (M), Guwahati as well as dated 14.12.2018, passed by the learned Additional Sessions
Judge, (FTC) No.III, Kamrup (M), Guwahati, the petitioner preferred this criminal revision petition
on 15.02.2019.
5. By another order dated 13.03.2019, passed in I.A.(Crl) No. 149/2019, the Court while
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issuing notice to the respondents, stayed the execution of the sentence passed against the
petitioner in said C.R. Case No. 1156c/2008, passed by the learned JMFC, Kamrup (M), Guwahati.
6. Earlier, on 21.03.2024, while admitting this petition, the Court directed the petitioner to
deposit 20% of the fine amount of Rs.5,00,000/- with the Registry of this Court within a period of
four weeks from the date of receipt of the said order dated 21.03.2024.
7. The complainant/respondent No.1 also filed an interlocutory application, being I.A.(Crl)
No. 410/2024 praying that in the event, the petitioner deposits 20% of the fine amount of
Rs.5,00,000/-, as directed by the Court on 21.03.2024, he may be allowed to withdraw the same.
8. Inspite of the said order of the Court dated 21.03.2024, the petitioner though took time
on two occasions earlier, but till date he did not deposit said 20% of the fine amount of
Rs.5,00,000/-.
9. Today, Mr. Deka, learned counsel for the petitioner submitted that the petitioner inspite of
the information and direction of the Court dated 21.03.2024 did not deposit 20% of the fine
amount of Rs.5,00,000/- with the Registry of this Court as directed on 21.03.2024.
10. Considering the above, the interim order passed earlier on 13.03.2019, in the connected
I.A.(Crl) No. 149/2019 suspending the execution of the sentence passed against the petitioner in
said C.R. Case No. 1156c/2008, by the learned JMFC, Kamrup (M), Guwahati accordingly stands
vacated.
11. Registry shall communicate this order to the learned JMFC, Kamrup (M), Guwahati relating
of said C.R. Case No. 1156c/2008 forthwith.
12. List this matter two weeks, on a date to be fixed by the Registry.
JUDGE
Comparing Assistant
