Gauhati High Court
Gajendra Chandra Boro vs Manoj Das And Anr on 10 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010006592025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./41/2025
GAJENDRA CHANDRA BORO
S/O NALI RAM BORO
R/O KACHARI, SOLMARY
P.O.AND P.S. RANGIA
DIST. KAMRUP, ASSAM
VERSUS
MANOJ DAS AND ANR
S/O SRI DINESH DAS
R/O VILL- BANGARA, KOCHPARA
P.S. PALASHBARI, DIST. KAMRUP (M), ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSAM
Advocate for the Petitioner : MR H GUPTA, MR Y. BARBHUIYA,MR. K PRASAD
Advocate for the Respondent : PP, ASSAM, MR. A R TAHBILDAR (R-1)
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 10.01.2025
Heard Mr. H. Gupta, learned counsel for the petitioner and Mr. A.R. Tahbildar, learned
counsel for the respondent no. 1. None has appeared for the respondent no. 2, that is, the
State of Assam though the name of Public Prosecutor, Assam is reflected in the cause-list.
2. The case of the petitioner, in brief, is that the respondent no. 1 as the complainant
instituted a complaint under Section 138 of the Negotiable Instrument Act alleging dishonour
of a cheque amounting to Rs. 2,00,000/- issued by the petitioner from an account maintained
by him. The said complaint was registered as C.R. Case no. 2036 c of 2015 before the Court of
Judicial Magistrate, 1st Class, Kamrup [Metro], Assam. After trial, the Court of learned Judicial
Magistrate, 1st Class, Kamrup [M] ['the trial court', for short] by its Judgment and Order dated
01.10.2019 had convicted the petitioner as accused for the offence under Section 138,
Negotiable Instrument Act and the petitioner had been sentenced to undergo simple
imprisonment for 6 [six] months and to pay the compensation of Rs. 3,50,000/-. Against the
Judgment and Order of conviction and sentence passed by the learned trial court, the
petitioner preferred an appeal before the Court of learned Additional District Judge No. 2,
Kamrup [Metro], Guwahati and the said appeal was registered and numbered as Criminal
Appeal no. 192/2019, which was dismissed by the Judgment and Order dated 09.12.2022, by
affirming the Judgment and Order of conviction and sentence passed by the learned trial
court. Hence, the instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha
Sanhita [BSS], 2023.
3. Mr. Gupta, learned counsel appearing for the petitioner has submitted that in the
interregnum, the matter has been amicably settled between the petitioner and the
complainant, that is, the respondent no. 1 who has executed an affidavit on 08.01.2025 to
that effect. An Agreement of Settlement has also been executed by the parties on
07.01.2025. As per such amicable settlement, the complainant-respondent no. 1 has received
an amount of Rs. 3,50,000/-, as directed by the learned trial court, from the petitioner.
4. Mr. Tahbildar, learned counsel for the respondent no. 1-complainant has endorsed the
submissions of the learned counsel for the petitioner on arrival of amicable settlement.
5. Let the notice be issued, returnable on 07.02.2025.
6. As Mr. Tahbildar has appeared and accepted notice on behalf of the respondent no. 1,
issuance of formal notice stands dispensed with the said respondent. The learned counsel for
the petitioner shall serve requisite no. of extra copies of the writ petition along with
annexures, to Mr. Tahbildar within 2 [two] working days from today.
7. The learned counsel for the petitioner shall also serve an extra copy of the writ petition
along with annexures, to the learned Public Prosecutor, Assam within 2 [two] working days
from today.
JUDGE
Comparing Assistant
