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

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

What the court decided

AI extract

Outcome

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 Judicial Magistrate, First Class in CR Case No. 3273/2010 under Section 138 N.I. Act) was set aside and quashed, and the criminal revision petition was closed/disposed of following the parties' out-of-court settlement.

Issue for consideration

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

Court's answer

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

Ratio / Principle

The judgment dated 09.08.2018 passed by the learned Addl. Sessions Judge No. 3, Kamrup (Metro) at Guwahati in Criminal Appeal No. 42/2016, upholding and 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.

Key takeaways

Accordingly, the criminal revision petition stands closed and is disposed of.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Kaushik Goswami), Crl.Rev.P. No. 429/2018, decided 03.03.2025 — Ramen Kumar Das v. The State of Assam & Anr. (Naba Prashad Yadav). Criminal revision petition directed against 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 had upheld and 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 respondent No. 2 endorsed that the matter had been settled out of Court and Rs. 1,70,000/- had been paid by the petitioner to respondent No. 2. Holding that nothing survived for adjudication, the Court set aside and quashed the judgment dated 09.08.2018 and disposed of (closed) 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)

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

RAMEN KUMAR DAS

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

VERSUS

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

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

Advocate for the Petitioner : MR. B PHUKAN,

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

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

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.

BEFORE

HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

03.03.2025

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.

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.

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.

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.

Accordingly, the criminal revision petition stands closed.

Disposed of.

JUDGE

Comparing Assistant