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2025 DAILYLAW 17871 (GAU)

SANJAY KUMAR BARUAH v. M/S REETI DRUGS AND SURGICALS AND ANR.

Crl.Rev.P./324/2019 · 2025-04-01

Kaushik Goswami

body2025

Judgment text

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Page No.# 1/3 GAHC010184452019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./324/2019 SANJAY KUMAR BARUAH S/O LATE BIRENDRA KR. BARUAH, R/O S.C. GOSWAMI ROAD, PANBAZAR, GUWAHATI-781001, P.S.-PANBAZAR, DIST-KAMRUP(M), ASSAM VERSUS M/S REETI DRUGS AND SURGICALS AND ANR. REPRESENTED BY ITS ONE OF THE PARTNER, SRI JAYANTA KR. DAS, S/O LATE THANU RAM DAS, R/O M.G. ROAD, CHRISTIAN BASTI, H.NO.6, GUWAHATI-781005, DIST-KAMRUP(M), ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA Advocate for the Petitioner : MR. B CHAKRABORTY, MR. N BHARALI,MR S HUSSAIN Advocate for the Respondent : PP, ASSAM (R2), MR P DAS,MR. D K KOTHARI,MR. B DEKA Linked Case : I.A.(Crl.)/639/2019 SANJAY KUMAR BARUAH S/O LATE BIRENDRA KR. BARUAH R/O S.C. GOSWAMI ROAD PANBAZAR GUWAHATI-781001 P.S.-PANBAZAR DIST-KAMRUP(M) Page No.# 2/3 ASSAM VERSUS M/S REETI DRUGS AND SURGICALS AND ANR. (H) REPRESENTED BY ITS ONE OF THE PARTNER SRI JAYANTA KR. DAS S/O LATE THANU RAM DAS R/O M.G. ROAD CHRISTIAN BASTI H.NO.6 GUWAHATI-781005 DIST-KAMRUP(M) ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. B CHAKRABORTY Advocate for : PP ASSAM (R2) appearing for M/S REETI DRUGS AND SURGICALS AND ANR. (H) BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 02.04.2025 Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. Y. Kothari, learned counsel for the respondent No. 1 and Mr. K.K. Parasar, learned Addl. Public Prosecutor for the State respondent. 2. This revision petition is presented against the Judgment and Order dated 24.08.2017 passed by the learned Judicial Magistrate 1st Class, Kamrup (M) in CR Case No. 4353c/2013 whereby the petitioner was convicted under Section 138 of Negotiable Instrument Act, 1981 and was sentenced to undergo Simple Imprisonment for 4 months and to pay compensation of Rs. 15,00,000/- under Section 357 CrPC with a Page No.# 3/3 default clause and the Judgment and Order dated 04.06.2019 passed by the Court of Addl. Sessions Judge (FTC) No.4, Kamrup(Metro) at Guwahati in Criminal Appeal No. 219/2017 dismissing the appeal filed by the petitioner. 3. Mr. B. Chakraborty, learned counsel for the petitioner submits that during the pendency of the revision petition, the petitioner has paid the entire compensation of Rs. 15,00,000/- as directed by the Magistrate Court. 4. Mr. Y. Kothari, learned counsel appearing for the complainant/respondent No. 2 confirmed the same. It is further submitted at the bar that since the payment in question has already been paid and the matter has been compromised between the parties, no adjudication is required in the present revision petition. 5. Keeping in mind that the petitioner has already compounded the penalty, this Court, in the interest of justice, deem appropriate to close this criminal revision petition by setting aside and quashing the Judgment and Order dated 24.08.2017 of the Judicial Magistrate as well as the Judgment and Order dated 04.06.2019 of the Appellate Court. 6. Ordered accordingly. 7. The present criminal revision petition stands disposed of. JUDGE Comparing Assistant