Siddhartha Hazarika vs Abhijit Das
2024 Latest Caselaw 4837 Gua

Gauhati High Court

Siddhartha Hazarika vs Abhijit Das on 15 July, 2024

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GAHC010132982024




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

                                  Case No. : Crl.Pet./796/2024

            SIDDHARTHA HAZARIKA
            S/O SRI NIROD KR. HAZARIKA, R/O FLAT NO. 3-G, R.R.S. PLACE,
            SILPUKHURI, P.O.-SILPUKHURI, P.S.-CHANDMARI, DIST- KAMRUP (M),
            ASSAM
            VERSUS
            ABHIJIT DAS
            S/O SRI KRISHNA CHANDRA DAS, R/O ATHGAON, S.J ROAD, P.S.-
            BHARALUMUKH, DIST- KAMRUP (M), ASSAM, PIN-781009



Advocate for the Petitioner : MR. U K BARMAN
Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                            ORDER

Date : 15.07. 2024 Heard Mr. H. Ali, learned counsel for the petitioner.

This is an application under Section 482 Cr.P.C. for quashing and setting aside the impugned order dated 03.08.2023, passed in C.R. Case No. 1224/2019 by the learned SDJM (S) No. II, Kamrup (Metro), Guwahati whereby the accused/ petitioner was directed to pay 20% of the cheque amount of R. 2,00,000/- to the complainant/ respondent under Section 143 of the N.I. Act and impugned judgment and order dated 26.04.2024, passed in Criminal Revision No. 68/2023, passed by the learned Addl. Sessions Judge, No. 1, Kamrup (M), Guwahati affirming the same.

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Issue notice to the respondent, returnable within 4 (four) weeks.

The learned counsel for the petitioner shall take steps for service of notice upon the respondent by registered post with A/D as well as usual process within a week from today.

Call for the scanned copy of the L.C.R.

It submitted by Mr. Ali, learned counsel for the petitioner that the Court below has not passed any reasoned order while allowing the petition directing the petitioner to pay 20% of the cheque amount of Rs. 2,00,000/-. Further he submitted that there is no reason as to why 20% of the cheque amount was given as compensation to the respondent under Section 143A of the N.I. Act. He further submitted that against the said impugned order he has filed a revision petition before the learned Sessions Judge, which was dismissed. The learned Sessions Judge without considering the fact that the Court below did not pass any reasoned order while granting 20% of the cheque amount on the prayer made by the complainant.

He also relied on two decisions in the case of (1) L.G.R. Enterprise & Anr. Vs. P. Anbazhagan, reported in 2019 Legal Eagle (MAD)(DCR) 2734 and (ii) Nazir Ahmed Chopan Vs. Abdul Rehman Chopan, reported in 2023 STPL 4148 J& K.

Mr. Ali has submitted that the said impugned order may be stayed till disposal of this criminal petition.

Considering the submission of the learned counsel for the petitioner and other aspects of the matter, the operation of the impugned order dated 03.08.2023, passed in C.R. Case No. 1224/2019 by the learned SDJM (S) No. II, Kamrup (Metro), Guwahati and impugned judgment and order dated 26.04.2024, passed in Criminal Revision No. 68/2023, passed by the learned Addl. Sessions Judge, No. 1, Kamrup (M), Guwahati is hereby stayed till the next returnable date

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant