Page No.# 1/3 GAHC010116712026 2026:GAU-AS:8500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./853/2026 SRI BISWAJIT DEB AND ANR S/O SRI BASAN CHANDRA DEB, R/O MELA ROAD, MALUGRAM, PO SILCHAR 781002, PS SILCHAR, DIST CACHAR, ASSAM 2: SRI SUDIP DEY S/O LATE SUBHENDRA CHANDRA DEY R/O SATSANG ASHRAM ROAD SILCHAR DIST CACHAR ASSAM REPRESENTED BY HIS DULY CONSTITUTED REGISTERED POWER OF ATTORNEY HOLDER SRI PRADIP DEB SO LATE PRATUL DEB SATSANG ASHRAM ROAD SILCHAR DIST CACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A B DEY, MR. S SUTRADHAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 15.06.2025 Heard Mr. A.B. Dey, the learned counsel appearing for the petitioners. Also heard Mr. Bidyut Sarma, the learned Addl. Public Prosecutor, Assam. 2. This is a joint application under Section 528 of the BNSS. 3. The petitioner Sudip Dey filed a case under Section 138 of the N.I. Act against the other petitioner Biswajit Deb. The trial court convicted Biswajit Deb and sentenced him to undergo simple imprisonment of 3(three) months and to pay a fine of ₹4,50,000/- with default stipulations. 4. Biswajit Deb preferred an appeal being Criminal Appeal No.13/2024 in the court of learned Addl. Sessions Judge, Cachar, Silchar. The learned appellate court dismissed the appeal and the trial court judgment was affirmed. 5. Thereafter, Sudip Dey and Biswajit Deb had entered into an agreement. Pursuant to the said agreement Biswajit Deb paid ₹4,50,000/- to Sudip Dey and therefore, Sudip Dey agreed that Biswajit Deb does not deserve to be detained in custody. 6. The case involves a private dispute between two individuals. This is not an offence against the society at large or the State. If Sujit Dey does not want Biswajit Deb to undergo sentence of jail, this Court has nothing to do. 7. Therefore, the judgment dated 24.01.2024 passed by the learned Addl. Chief Judicial Magistrate, Cachar, Silchar in N.I. Case No.272/2014 and the judgment dated 04.06.2025 passed by the learned Addl. Sessions Judge (FTC) at Cachar Silchar in Page No.# 3/3 Criminal Appeal No.13/2024, are set aside. JUDGE Comparing Assistant