Page No.# 1/3 GAHC010107432026 2026:GAU-AS:10442 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./786/2026 SRI ATUL BARMAN SON OF- LATE PABAN BARMAN, RESIDENT OF SINGIMARI CHOWK, P.O.- ROUMARI, P.S.-HAJO, DISTRICT-KAMRUP, ASSAM, PIN CODE-781104. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:TIKENDRA NATH DAS S/O LATE DAYAL CH. DAS R/O WARD NO. 4 SARBHOG TOWN PO PSSARBHOG DISTRICT- BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MR. U HAZARIKA Advocate for the Respondent : PP, ASSAM, MR. R GHOSH (R-2),MS. N PODDAR (R-2),MR. S K PODDAR (R-2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.07.2026 Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State and Mr. S.K. Page No.# 2/3 Poddar, learned counsel for the respondent No. 2. 2. By this application filed under Section 528 BNSS, the petitioner has challenged the impugned order dated 29.04.2026 passed by the learned Judicial Magistrate First Class, Barpeta in N.I. Case No. 114/2024. 3. By the said order dated 29.04.2026, a petition filed by the petitioner i.e. the accused, for referring the case for mediation, has been dismissed by the learned Judicial Magistrate First Class, Barpeta. The learned counsel for the petitioner submits that the petitioner was supposed to pay Rs.35,00,000/- to the respondent No. 2 and she further submits that out of the said amount, an amount of Rs.24,50,000/- was already paid to the respondent No. 2. She further submits that during the proceeding of the trial, settlement was entered between the petitioner and the respondent No. 2 that the remaining amount will be paid in installment basis. Learned counsel for the petitioner submits that the petitioner has apprehension that during the trial, the said payment of Rs.24,50,000/- would not be considered and as such, she has prayed before this Court that in installment, the remaining amount should be ordered to be paid. 4. The learned counsel for the respondent No. 2 admits that Rs.10,50,000/- is yet to be paid by the petitioner and he further submits that the instant case initiated by the respondent No. 2 was only to get back his money. 5. In the said facts and circumstances, it is directed to the learned Judicial Magistrate First Class, Barpeta who is in seisin of the matter should consider the said aspect of payment of the remaining amount of money to Page No.# 3/3 the respondent No. 2 by the petitioner in 4(four) installments within a period of 5(five) months. 6. The petitioner is given the liberty to file an application before the learned Judicial Magistrate First Class, Barpeta on or before 10.08.2026 to pay the remaining amount of Rs.10,50,000/- to the respondent No. 2 in 4 installments within a period of 5(five) months. 7. The learned Judicial Magistrate First Class, Barpeta would consider and give time to the petitioner to make the said payment to respondent No. 2 i.e. in 4 installments in 5(five) months time, starting from the date when the petitioner files the application and if the petitioner fails to file the said application within the stipulated time as mentioned above or fails to pay the installments within a period of 5(five) months, the learned Judicial Magistrate First Class, Barpeta will be at liberty to proceed with cross- examination of PW1 upon the expiry of the 5(five) months time from 10.08.2026. 8. In view of the above observation, the criminal petition stands disposed of. JUDGE Comparing Assistant