Swarup Das vs The State Of Assam And Anr
2025 Latest Caselaw 6431 Gua

Gauhati High Court

Swarup Das vs The State Of Assam And Anr on 28 August, 2025

                                                                              Page No.# 1/2

GAHC010029032022




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

                                Case No. : Crl.Rev.P./72/2022

            SWARUP DAS
            S/O. LT. JITEN KUMAR DAS, PERMENT R/O. VIP ROAD, MALUGRAM,
            WARD NO.2 UNDER SILCHAR P.S., DIST. CACHAR, ASSAM, PIN-788002.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP, ASSAM.

            2:MD. ZAKARIA HUSSAIN BARBHUIYA
             S/O. LT. TAHIR ALI BARBHUIYA
            VILL. BERENGA PART-I
             BERENGA
             SILCHAR P.S.
             DIST. CACHAR
            ASSAM
             PIN-788006

Advocate for the Petitioner   : MR. B M CHOUDHURY, MR. U CHOUDHURY

Advocate for the Respondent : PP, ASSAM, MR. R A MAZUMDER (r-2),MR. R A CHOUDHURY
(r-2),MR. D HUSSAIN (r-2)




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                          ORDER

28.08.2025 Heard Mr. B. M. Choudhury, learned counsel for the petitioner and Mr. D. Page No.# 2/2

Hussain, learned counsel for the respondent No.2. Also heard Mr. D. P.

Goswami, learned Addl. P.P., Assam for the State/respondent No.1.

By this application the petitioner has challenged the judgment and order

dated 20.12.2021 passed by the learned Additional Sessions Judge, Cachar,

Silchar in Criminal Appeal No.39/2019 by which the conviction and sentence

imposed upon the petitioner was upheld. The petitioner has also challenged the

judgment and order dated 08.08.2019 passed by the learned Additional Chief

Judicial Magistrate, Cachar, Silchar in C.R. Case No.60/2017 by which the

petitioner was convicted under Section 138 of the N.I. Act and sentenced to

undergo simple imprisonment for two years and to pay fine of Rs.6,00,000/-

which is required to be paid as compensation.

Mr. B. M. Choudhury, learned counsel for the petitioner submits that the

matter may be referred to mediation which is acceded to by Mr. D. Hussian,

learned counsel for the respondent No.2.

As such, this matter is referred to the Mediation Center of the Gauhati High

Court and upon conclusion of the mediation a report may be sent.

List this matter after two months on a date to be fixed by the Registry.

JUDGE

Comparing Assistant