Disposed¶26

Ramen Kumar Das v. the State of Assam and Anr.

Gauhati HC2 Mar 2025I.A.(Crl.)/860/2018

Case brief

AI extract

What is this about?

Crl.Rev.P./429/2018; Ramen Kumar Das v. State of Assam & Naba Prashad Yadav; Gauhati High Court; Justice Kaushik Goswami; 03.03.2025; Section 138 N.I. Act cheque dishonour; CR Case No. 3273/2010; Criminal Appeal No. 42/2016; JMFC Kamrup (Metro) judgment 29.02.2016; Addl. Sessions Judge No. 3 judgment 09.08.2018; out-of-court settlement Rs. 1,70,000/-; judgment set aside and quashed; criminal revision petition closed/disposed of.

What did the court decide?

Setting aside and quashing of the Judgment dated 09.08.2018 (Addl. Sessions Judge No. 3, Kamrup (Metro), Criminal Appeal No. 42/2016) affirming the 29.02.2016 JMFC judgment in CR Case No. 3273/2010 under Section 138 N.I. Act; the criminal revision petition stands closed. ¶26

Ramen Kumar Das Vs the State of Assam and Anr. — Cheque Dishonour | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anything survives for adjudication in the criminal revision petition in view of the out-of-court settlement and payment of Rs. 1,70,000/- by the petitioner to respondent No. 2.

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Court's answer

In view of the endorsement by learned counsel for both parties that the matter was settled out of Court and Rs. 1,70,000/- was paid by the petitioner to and received by respondent No. 2, nothing survives for adjudication in the instant criminal revision petition.

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Ratio / Principle

The Judgment dated 09.08.2018 of the learned Addl. Sessions Judge No. 3, Kamrup (Metro) at Guwahati in Criminal Appeal No. 42/2016, affirming the Judgment dated 29.02.2016 of the learned Judicial Magistrate, First Class, Kamrup (Metro), Assam in CR Case No. 3273/2010 under Section 138 N.I. Act, is set aside and quashed.

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Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Kaushik Goswami), decision dated 03.03.2025 — Crl.Rev.P./429/2018, Ramen Kumar Das v. The State of Assam & Anr. (Naba Prashad Yadav). The revision petition challenged the Judgment dated 09.08.2018 of the learned Addl. Sessions Judge No. 3, Kamrup (Metro) at Guwahati in Criminal Appeal No. 42/2016, which affirmed the Judgment dated 29.02.2016 of the learned Judicial Magistrate, First Class, Kamrup (Metro), Assam in CR Case No. 3273/2010 under Section 138 N.I. Act. Counsel for both sides endorsed before the Court that the matter had been settled out of Court and that Rs. 1,70,000/- had been paid by the petitioner to respondent No. 2 and received by him. Holding that nothing survived for adjudication, the Court set aside and quashed the 09.08.2018 appellate judgment and closed/disposed of the criminal revision petition.

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GAHC010241622018

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

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Case No. : Crl.Rev.P./429/2018

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RAMEN KUMAR DAS

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S/O CHITTARANJAN DAS, R/O BONKONWAR NAGAR, KHARGHULI, PS LATASHIL, DIST. KAMRUP (METRO), ASSAM

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VERSUS

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

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2:NABA PRASHAD YADAV S/O LATE NAZIMA ROY R/O 8-C PREMADA BHAWAN 2ND FLOOR OPPOSITE N.E. TELEVISIO

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Advocate for the Petitioner : MR. B PHUKAN,

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Advocate for the Respondent : PP, ASSAM, MS B DEVI (r-2),MR S HUSSAIN (r-2),MR P SAH (r2)

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Linked Case : I.A.(Crl.)/860/2018

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RAMEN KUMAR DAS S/O CHITTARANJAN DAS R/O BONKONWAR NAGAR KHARGHULI PS LATASHIL

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DIST. KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY PP ASSAM 2:NABA PRASHAD YADAV S/O LATE NAZIMA ROY R/O 8-C PREMADA BHAWAN 2ND FLOOR OPPOSITE N.E. TELEVISION -----------Advocate for : MR. B PHUKAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE

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HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

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03.03.2025

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Heard Mr. B. Phukan, learned counsel for the petitioner. Also heard Mr. P. Sah, learned counsel appearing for respondent No. 2 and Ms. S.H. Bora, learned Addl. Public Prosecutor for the State.

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Mr. P. Sah, learned counsel appearing for respondent No. 2 submits that the matter has been settled out of Court and an amount of Rs. 1,70,000/- has also been paid to the respondent No. 2 by the petitioner.

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It appears that an amount of Rs. 170000/- has been paid by the

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petitioner and the said amount has also been received by the respondent No.2.

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In view of the aforesaid endorsement made by learned counsels for the parties, nothing survives for adjudication in the instant criminal revision petition. As such, in the interest of justice, the Judgment 09.08.2018 passed by the learned Addl. Sessions Judge No. 3, Kamrup (Metro) at Guwahati in Criminal Appeal No. 42/2016 uploading and affirming the Judgment dated 29.02.2016 passed by the learned Judicial Magistrate, First Class, Kamrup (Metro), Assam in CR Case No. 3273/2010 under Section 138 N.I. Act is set aside and quashed.

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Accordingly, the criminal revision petition stands closed.

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Disposed of.

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JUDGE

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Comparing Assistant

Ramen Kumar Das v. the State of Assam and Anr.

Case brief

What is this about?

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Ramen Kumar Das v. the State of Assam and Anr.

Case brief

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