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2024 DAILYLAW 2234 (GAU)

PANKAJ KUMAR JHUNJHUNWALA v. KANHAYALAL SURANA AND SONS AND ANR

I.A.(Crl.)/1055/2024 · 2026-06-09

Shamima Jahan

body2024

Judgment text

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Page No.# 1/3 GAHC010234052024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1055/2024 PANKAJ KUMAR JHUNJHUNWALA S/O SHRI NARAYAN PRASAD JHUNJHUNWALA, R/O H.M. TOWER, 1ST FLOOR, S.C. GOSWAMI ROAD, PAN BAZAR, GUWAHATI, PIN-781001, DIST- KAMRUP (M), GUWAHATI, ASSAM VERSUS KANHAYALAL SURANA AND SONS AND ANR 12 M.S. ROAD, FANCY BAZAR, GUWAHATI, DIST-KAMRUP, ASSAM, REPRESENTED BY SMTI, SANGEETA SETHIA, D/O LATE KANHAIYALAL SURANA, R/O HOUSE NO. 32, INDIA TEXTILE MARKET, RING ROAD, SURAT, GUJARAT-395002 2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA Advocate for the Petitioner : MR. P DEKA, MR A DAS,MR R HOQUE,MR. A CHETIA Advocate for the Respondent : PP, ASSAM, MR. BHUBAN SHARMA (R-1),MR. A BANERJEE (R- 1),MR. N SARKAR (R-1) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 10.06.2026 Heard Mr. P. Deka, learned Counsel for the applicant, Mr. B. Dutta, learned Counsel appearing on behalf of Mr. N. Sarkar, learned Counsel for respondent no.1 and Mr. K. Baishya, learned Additional Public Prosecutor for the State. By this Interlocutory Application, the petitioner has sought for condoning the delay of 36 days in preferring the connected criminal revision petition. The learned Counsel for the applicant submits that the revision petition was filed challenging the judgment and order dated 12.04.2022 passed by JMFC-5, Kamrup(M) in CR Case No. 1065/2018 by which the applicant was convicted under Section 138 of the N.I. Act, 1881. The said judgment was put to challenge before the learned Additional Sessions Judge No.2 Kamrup(M) by filing a criminal appeal being criminal appeal no.52/2022 and the learned Appellate Court by order dated 29.06.2024 had dismissed and upheld the order of the Trial Court. The learned Trial Court ordered the petitioner to pay an amount of Rs. 8 lakhs as compensation to respondent no. 2. Aggrieved by the said order, the petitioner has filed the instant criminal revision petition before this Court. When the matter is taken up today, the learned Counsel for both the parties submitted that the parties have entered into a settlement and that the amount has already been paid by the applicant to respondent no.1. In view of the same, the learned Counsel submits that the matter has become infructuous and has prayed for closure of the same. Prayer is allowed. I.A. (Crl) is closed as infructuous and the connected criminal revision Page No.# 3/3 petition which is yet to be registered also is closed in view of the order passed in the I.A and further the I.A.(Crl)./10191/2024 also stands closed. The petitioner is as such stands discharged from the instant case and he is at liberty to pursue any consequent action with regard to the same. Petition is disposed of. JUDGE Comparing Assistant