Page No.# 1/3 GAHC010124642024 2026:GAU-AS:8341 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./236/2024 RAJESH BORAH S/O SRI NAGEN BORAH R/O VILL- GEREKI P.O. AND P.S. SOOTEA, DIST. SONITPUR, ASSAM VERSUS DILIP BHUYAN S/O PARESH BHUYAN R/O VILL- BARO BHUYAN P.O. AND P.S. SOOTEA, DIST. BISWANATH, ASSAM Advocate for the Petitioner : TUN RAJKHOWA, MR. K K HANDIQUE,MR. R P HAZARIKA,MR. R BORA Advocate for the Respondent : MS N DEKA, MR SAURADEEP DEY BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11.06.2026 1. Heard Mr.K.K. Handique, learned counsel for the petitioner. Also heard Mr. S. Dey, learned counsel for the sole respondent. Page No.# 2/3 2. This is an application filed under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging the impugned Judgment and Order dated 22.04.2024 passed by the learned Additional Sessions Judge, Biswanath at Biswanath Chariali in Criminal Appeal No.04(S-4)/2021 thereby affirmed the Judgment and Order dated 29.09.2021 passed by the learned SDJM (M), Biswanath Chariali in CR Case No.203/2014 whereby the petitioner was convicted under Section 138 of the NI Act sentencing the petitioner to undergo simple imprisonment for a period of 6 (six) months and further to pay compensation of Rs.15,00,000/- only to the respondent as the cheque amount is of Rs.9,11,000/-only as about 6 years have elapsed from the date of issuance of the cheque. It was further directed that the accused shall undergo simple imprisonment for 6 months in default to payment of compensation. 3. The learned counsel appearing for the petitioner submits that during the pendency of the instant revision petition, an out of court settlement has been arrived between the petitioner and the sole respondent whereby the parties have executed a deed of agreement dated 05.06.2025. It is stated that vide the aforesaid agreement, the petitioner has already paid Rs. 13 lacs as a one-time settlement for the dues as well as the amount mentioned in the order dated 29.09.2021. The learned counsel appearing for the petitioner has submitted the aforesaid deed of agreement dated 05.06.2025 before this court which is kept on record and marked as ‘ X’. 4. In view of the aforesaid out of the court settlement, the learned counsel appearing for the parties submit that nothing survives in the instant case and the instant case should be closed. 5. In view of the aforesaid submissions and taking into account the deed of Page No.# 3/3 agreement dated 05.06.2025, the instant revision petition is closed and disposed of by setting aside the Judgment and Order dated 22.04.2024 passed by the learned Additional Sessions Judge, Biswanath at Biswanath Chariali in Criminal Appeal No.04 (S-4)/2021 thereby affirmed the Judgment and Order dated 29.09.2021 passed by the learned SDJM (M), Biswanath Chariali in CR Case No.203/2014 6. In terms of the aforesaid, the criminal revision petition is disposed of. JUDGE Comparing Assistant