Page No.# 1/4 GAHC010146852018 2025:GAU-AS:3199 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./240/2018 AKTAB ALI @ BENTI S/O LATE JAFAR ALI, R/O BHELLA, DHARGAHPUR, PS AND DIST. BARPETA, ASSAM, PIN- 781309 VERSUS HARENDRA NATH DAS S/O LATE HAREKH CH DAS, R/O FATAHATI, PS AND DIST. BARPETA, ASSAM, PIN-781301 Advocate for the Petitioner : MR Z ALAM, MS. S NAZNEEN,MR E U AHMED,MR. N D SARMA Advocate for the Respondent : MR. N ALAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 24.03.2025 Heard Ms. S. Nazneen, learned Counsel for the petitioner. Also heard Mr. S. A. Baktiyar for the sole respondent. 2. It appears that on 18.03.2025 a submission was made at the bar that though payments have been, however, the document reflecting the same was not available with the learned Counsel appearing for the petitioner. Accordingly, the matter was posted today. 3. Today, when the matter was called Ms. S. Nazneen, learned Counsel for the petitioner has produced the original affidavit jointly filed by the petitioner and the respondent indicating that they have amicably settled the N.I. case. 4. Relevant paragraph of the affidavit is reproduced hereunder for ready reference: “We, (1) Harendra Nath Das, aged about 65 years, S/O Late Harek Ch. Das, R/O Fatahati, Barpeta, PO. Barpeta, Mouza- Barpeta, P.S. & District- Barpeta, Assam, Pin- 781301, (2) Aktab Ali, S/O Jafar Ali, R/O Village & P.O. Bhella, P.S. & District- Barpeta, Assam, do hereby solemnly affirm and declare as follows:- 1. That we are the bonafide citizen of India by birth and permanent resident of the above noted address. 2. That I am the complainant of N.I. Case filed before the Hon'ble C.J.M, Barpeta, vide N.I. Case No. 68/2016, U/S 138 of N.I. Act against the accused person namely Aktab Ali, S/O Jafar Ali, R/O Village & P.Ο. Bhella, P.S. & District- Barpeta, Assam. Again the accused person has appealed the said case vide Case No. 03/2018. Subsequently the case is now pending before the Hon'ble High Court, Guwahati vide Criminal Revision Petition Page No.# 3/4 No.240/2018. 3. That the complainant and the accused persons have amicably settled the said N.I. case with the help of their relatives and some leading persons of the society. 4. That now we the both parties are going to compromise the said N.I. Case. 5. That the above noted cases has been settled amicably and suitably by way of compromise and for that I am not interested to proceed with said case against the accused person. 6. That this affidavit shall be used as a piece of evidence to show that we are the complainant & the accused persons of N.I. Case and we shall not proceed the said case in future and it will be produced before the concerning authority. All the statements made above are true and correct to the best of our knowledge and belief, and nothing has been concealed therein, and hence we put our hands hereunto it on 16th day of March, 2025 at Barpeta. Sworn and declared by the deponent who is identified by- Jalal Uddin Ahmed. Advocate, Barpeta.” 5. Perusal of the aforesaid affidavit, it appears that the parties have amicably settled the N.I. case in question and learned counsel appearing for both the parties have also conceded the same. 6. Mr. S. A. Baktiyar learned Counsel for the respondent has further submitted that the payment of the dishonored cheque has already been paid by the petitioner pursuant to the amicable settlement arrived between the parties. 7. That being so, nothing survives for adjudication in this criminal revision petition. Page No.# 4/4 8. That being so, in the interest of justice, the judgment & order dated 25.06.2018 passed by the learned Sessions Judge, Barpeta, Assam in Criminal appeal No.3/2018 dismissing the appeal and upholding the conviction of the petitioner/accused in N.I. Case No. 68/2016 and the judgment & order of the trial Court dated 14.12.2017 in N.I. Case No. 68/2016 are hereby set-aside. 9. Accordingly, the criminal petition stands dismissed on being infructuous. 10. The said original affidavit is kept on record and marked as “X”. JUDGE Comparing Assistant