Page No.# 1/5 GAHC010147772021 2025:GAU-AS:11732 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./136/2022 MD. JIARUDDIN AHMED S/O LATE AMIRUDDIN AHMED R/O BAZAR ROAD, MANGALDAI TOWN, WARD NO. 3, P.O. AND P.S. MANGALDAI, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:AFSAR ALI SON OF LATE BENGU SARKAR R/O MANGALDAI TOWN WARD NO. 2 NEAR DON BOSSCO SCHOOL P.O. MANGALDAI DIST. DARRANG ASSAM-78412 Advocate for the Petitioner : MR. K SINGHA, MR S GAUTAM,MR K K S ROY,MRS. P BARUAH Advocate for the Respondent : PP, ASSAM, MR. B K SINGHA (R-2),MR. A DAS(R-2),MR. N SHARMA (R-2) Linked Case : Crl.Pet./134/2022 Page No.# 2/5 MD. JIARUDDIN AHMED S/O LATE AMIRUDDIN AHMED R/O BAZAR ROAD MANGALDAI TOWN WARD NO. 3 P.O. AND P.S. MANGALDAI DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM 2:ON THE DEATH OF MEHTAB UDDIN AHMED HIS LEGAL HEIRS DIST. KAMRUP (M) 2.1:WAHIDA AHMED W/O LATE MEHTAB UDDIN AHMED 2.2:ZEESHAN FAZID AHMED S/O LATE MEHTAB UDDIN AHMED 2.3:NIAZ NAIM AHMED S/O LATE MEHTAB UDDIN AHMED 2.4:MEHJABIN YASMIN AHMED D/O LATE MEHTAB UDDIN AHMED W/O NASTAGISNIAZ AHMED ALL ARE RESIDENT OF HOUSE NO. 10 MOTHER TERESA PATH OPP. HATIGAON POLICE STATION HATIGAON PO.- HATIGAON DIST. KAMRUP (M) ASSAM PIN 781038. ------------ Advocate for : MR. K SINGHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 3/5 Linked Case : Crl.Pet./135/2022 MD. JIARUDDIN AHMED S/O LATE AMIRUDDIN AHMED R/O BAZAR ROAD MANGALDAI TOWN WARD NO. 3 P.O. AND P.S. MANGALDAI DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM 2:ON THE DEATH OF MAHTAB UDDIN AHMED HIS LEGAL HEIRS KAMRUP 2.1:WAHIDA AHMED W/O LATE MEHTAB UDDIN AHMED 2.2:ZEESHAN FAZID AHMED S/O LATE MEHTAB UDDIN AHMED 2.3:NIAZ NAIM AHMED S/O LATE MEHTAB UDDIN AHMED 2.4:MEHJABIN YASMIN AHMED D/O LATE MEHTABUDDIN AHMED W/O NASTAGISNIAZ AHMED ALL ARE RESIDENT OF HOUSE NO. 10 MOTHER TERESA PATH OPP. HATIGAON POLICE STATION HATIGAON P.O.-HATIGAON. DIST. KAMRUP (M) ASSAM PIN -781038. ------------ Advocate for : MR. K SINGHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 4/5 Linked Case : Crl.Pet./133/2022 MD. JIARUDDIN AHMED S/O LATE AMIRUDDIN AHMED R/O BAZAR ROAD MANGALDAI TOWN WARD NO. 3 P.O. AND P.S. MANGALDAI DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM 2:SRI KULEN HAZARIKA S/O LATE BAPU RAM HAZARIKA R/O VILL- BOTABARI P.O. DALGAON DIST. DARRANG ASSAM-784116 ------------ Advocate for : MR. K SINGHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 01.09.2025 1. Heard Mr. K Singha, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. Mr. Mr. K Singha, learned counsel for the petitioner submits that the petitioner has expired and he has filed an affidavit to that effect annexing the death certificate of the petitioner. He further submits that in view of the same, the present case has become infructous and to substantiate his Page No.# 5/5 arguments, he has placed the judgment of the Hon’ble Supreme Court in M Abbas Haji V. T.N Channakeshava reported in (2019) 9 SCC 606 by which the Hon’ble Supreme Court has observed that in case the main petitioner dies the legal heirs are not liable to pay the fine nor to undergo imprisonment in connection with the cases under the Negotiable Instrument Act, 1881. He has also placed reliance on the judgments passed in Madhu V. State of Kerala passed by the Hon’ble Kerala High Court. 3. In view of the said judgments, it is as such, observed that in view of the death of the petitioner, this case has become infructous and as such, the petitions are closed as infructous. JUDGE Comparing Assistant