Partly allowed

Md. Firoz Khan v. Sri Ramavtar Khemka

Gauhati HC13 Jul 2026Crl.Rev.P./227/2026

Case brief

AI extract

What is this about?

In a criminal revision, the Gauhati High Court disposed of the petition after noting that the petitioner and respondent had amically settled the dispute arising from a cheque dishonour case. The Court upheld the conviction but set aside the sentence of simple imprisonment.

What did the court decide?

Sentence of simple imprisonment set aside; conviction upheld; petition disposed of.

Md. Firoz Khan Vs Sri Ramavtar Khemka — Cheque Dishonour | Gauhati HC (2026)

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GAHC010061602026

2026:GAU-AS:9558

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

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Case No. : Crl.Rev.P./227/2026

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MD. FIROZ KHAN

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S/O LATE AHIDUR RAHAMAN, R/O LEKAI GAON, P.O.- SESSA, DIST.DIBRUGARH, ASSAM.

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VERSUS

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SRI RAMAVTAR KHEMKA

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S/O LATE MADANLAL KEHMKA, R/O THANA CHARIALI, P.O.DIBRUGARH, P.S.- DIBRUGARH, DIST.- DIBRUGARH, ASSAM

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Advocate for the Petitioner : MR. R.S. MISHRA, MS. M DEY,MS. B SARMA

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Advocate for the Respondent : ,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 14-07-2026

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Heard learned counsel Mr. R.S. Mishra for the petitioner Md. Firoz Khan and learned counsel A.K. Gupta for the respondent Sri Ramavtar Khemka.

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Both the parties have amicably settled their dispute. The respondent

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brought up a case against the petitioner under the Negotiable Instruments Act, 1881 for dishonour of cheque and this case was registered as NI Case No. 4^C /2022 and this case was disposed of by the learned Chief Judicial Magistrate, Dibrugarh vide the judgment dated 05.09.2024, convicting the petitioner to pay a fine of Rs.6,00,000/- (Rupees Six Lacs) and to undergo simple imprisonment for 7 (Seven) months with default stipulation.

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The petitioner then preferred an appeal which was registered as Criminal Appeal No. 38(4)/2024, which was dismissed vide the judgment and order dated 30.07.2025 by the learned Additional Sessions Judge, Dibrugarh, upholding the judgment and order of the learned Chief Judicial Magistrate, Dibrugarh. Thereby, the petitioner filed this Criminal Revision Petition No. 227/2026.

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During the pendency of this matter, both the parties have entered into an agreement and amicably settled their dispute. The petitioner has already paid the compensation of Rs.6,00,000/- (Rupees Six Lacs) to the respondent.

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Learned counsel for the respondent has submitted that the respondent Ramavtar Khemka has received the amount of Rs.6,00,000/- (Rupees Six Lacs) paid by the petitioner Md. Firoz Khan.

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As the matter has been amicably settled, the order of conviction under Section 138 of the NI Act, 1881, is upheld and the sentence of simple imprisonment of 7 (Seven) months, is set aside.

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In terms of the above observation, this petition stands disposed of.

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JUDGE

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Page No.# 3/3

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Comparing Assistant

Md. Firoz Khan v. Sri Ramavtar Khemka

Case brief

What is this about?

What did the court decide?

Md. Firoz Khan v. Sri Ramavtar Khemka

Case brief

What is this about?

What did the court decide?

What the court decided

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