Md. Aman Haque Vs the State of Assam and Anr.

2:BABUL STORE C/A 670 SITUATED AT GOLAGHAT MARKET GOLAGHAT TOWN DIST. GOLAGHAT REP. BY MD MOINUL ISLAM S/O MD NURUL ISLAM R/O ISLAMPATTY G D ROAD WARD NO.4 GOLAGHAT TOWN P.S. GOLAGHAT DIST. GOLAGHAT ASSAM

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Advocate for the Petitioner : MR.T J MAHANTA, MR.A BARUA,MR.B BORA,MR.P P DUTTA

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Advocate for the Respondent : MR.K BARUAH, ,MR.S SHAH,PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 30-10-2025

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Heard Mr. A. Baruah, learned counsel for the petitioner. Also heard Ms. A.M. Begum, learned Addl. P.P. Assam appearing for the State/ respondent No. 1. None has entered appearance on behalf of respondent No. 2.

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The present revision petition has been instituted assailing the judgment and order dated 04-07-2014 passed by the learned Sessions Judge, Golaghat in Crl. Appeal No. 14/2012, dismissing the same and thereby upholding the judgment dated 11-04-2012 passed by the learned Judicial Magistrate First Class, Golaghat in C.R. Case No. 2562/2009 convicting the petitioner under Section 138 of the NI Act and sentencing him to undergo simple imprisonment for 01 (one) year and to pay compensation of Rs. 3,08,808/- (Rupees Three Lakhs Eight Thousand Eight Hundred Eight), in default of payment of compensation to undergo simple imprisonment for 06 (six) months.

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The respondent No. 2, herein, had instituted a complaint petition and therein had stated that the petitioner, herein, used to purchase fish from it on credit. The complainant was projected to be involved in wholesale business of fish at Golaghat market. It was projected that on account of the transaction made between the complainant/ respondent No. 2 and the petitioner, herein, an amount of Rs. 3,08,808/- (Rupees Three Lakhs Eight Thousand Eight Hundred Eight) was found to be payable to the complainant by the petitioner, herein. It is further projected that towards satisfaction of the said debt, the petitioner, herein, had issued a cheque bearing No. 865690 dated 20-07-2009 for an amount of Rs. 3,08,808/- (Rupees Three Lakhs Eight Thousand Eight Hundred Eight) drawn on Vijaya Bank, Golaghat Branch. It is also projected in the said complaint that the said cheque on being presented for clearance was dishonoured by the Bank due to

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insufficiency of funds in the account of the petitioner, herein.

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On receipt of the said intimation from the Bank, the complainant issued a legal notice to the petitioner, herein, on 07-08-2009 demanding payment of cheque amount within a period of 15 (fifteen) days from the date of receipt of the same. The petitioner, herein, who had received the said demand notice on 08-08-2009, having failed to make payment, the complaint came to be instituted. The said complaint was registered as C.R. Case No. 2562/2009.

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On conclusion of the trial, the learned Trial Court on appreciating the evidences coming on record was pleased vide judgment dated 11-04-2012 to convict the petitioner, herein, under Section 138 of the NI Act and sentenced him to undergo simple imprisonment for 01 (one) year for the offence punishable under Section 138 of the NI Act. The learned Trial Court further directed for payment of compensation to the complainant, i.e. the respondent No. 2, herein, of an amount of Rs. 3,08,808/- (Rupees Three Lakhs Eight Thousand Eight Hundred Eight) by the petitioner, herein, and in default of payment of the compensation, the petitioner, herein, would undergo simple imprisonment for 06 (six) months. The amount of compensation on recovery from the petitioner was directed to be given to the respondent, herein, as compensation under Section 357 Cr.P.C.

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The petitioner being aggrieved by his conviction under Section 138 of NI Act and also to the direction passed by the learned Trial Court for payment of compensation to the respondent No. 2, herein, assailed the same by instituting an appeal being Criminal Appeal No. 14/2012 before the court of learned Sessions Judge, Golaghat. The learned

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Sessions Judge, Golaghat upon appreciating the evidences coming on record in the trial and also considering the grounds taken by the petitioner, herein, was pleased to dismiss the appeal thereby upholding the conviction of the petitioner as well as the direction for payment of compensation to the respondent, herein.

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Being aggrieved the petitioner has instituted the present proceeding.

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Mr. A. Baruah, learned counsel for the petitioner at the outset has submitted that the petitioner undertakes to make the payment of compensation as directed by the learned Trial Court vide judgment dated 11-04-2012 to the respondent No. 2 in instalments starting from 15-11-2025 and the amount involved would be paid in full on or before 15-05-2026. He submits that the said undertaking would be complied in its true sense and the instalments would be deposited before the learned Trial Court without fail on or before the 15^th day of every month w.e.f. 15-11-2025 to 15-05-2026.

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The petitioner, herein, having undertaken to pay the compensation as awarded by the learned Trial Court vide its judgment dated 11-04-2012, this Court is of the considered view that the present revision petition would not be required to be further adjudicated and by noticing that the undertaking made by the petitioner through his learned counsel, this Court directs that in the event the petitioner without fail deposits the instalments of the compensation amount of Rs. 3,08,808/- (Rupees Three Lakhs Eight Thousand Eight Hundred Eight) plus a further amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) totalling to Rs. 4,58,808/- (Rupees Four Lakhs Fifty Eight Thousand Eight Hundred Eight), in instalments starting from 15-11-2025 every month till 15-05-2026, the

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sentencing of imprisonment, as ordered by the learned Trial Court, shall be kept in abeyance and on payment of the amount of Rs. 4,58,808/- (Rupees Four Lakhs Fifty Eight Thousand Eight Hundred Eight), by 15-05-2026, the petitioner would not be required to undergo the sentencing of imprisonment. This Court has directed for payment of the additional amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) considering the long lapse occasioning in the matter w.e.f. the date the cheque in question was dishonoured.

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In the event, the petitioner fails to make the payments, as directed, hereinabove, of the amount of Rs. 4,58,808/-, (Rupees Four Lakhs Fifty Eight Thousand Eight Hundred Eight) in instalments w.e.f. 15-11-2025 till 15-05-2026, the present order keeping the punishment of imprisonment awarded by the learned Trial Court, in abeyance, would stand vacated and the petitioner would be required to undergo imprisonment for 01 (one) year for the offence punishable under Section 138 of the NI Act as well as for a further period of 06 (six) months, on default occasioning in payment of the compensation amount.

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With the above observation and direction, the present revision petition stands disposed of.

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Registry to send back the TCR along with a copy of this order to the learned Chief Judicial Magistrate, Golaghat for information and necessary action.

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JUDGE

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Md. Aman Haque v. the State of Assam and Anr.

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Md. Aman Haque v. the State of Assam and Anr.

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