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2026 DAILYLAW 9357 (GAU)

MD. FIROZ KHAN v. SRI RAMAVTAR KHEMKA

Crl.Rev.P./227/2026 · 2026-07-13

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010061602026 2026:GAU-AS:9558 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./227/2026 MD. FIROZ KHAN S/O LATE AHIDUR RAHAMAN, R/O LEKAI GAON, P.O.- SESSA, DIST.- DIBRUGARH, ASSAM. VERSUS SRI RAMAVTAR KHEMKA S/O LATE MADANLAL KEHMKA, R/O THANA CHARIALI, P.O.- DIBRUGARH, P.S.- DIBRUGARH, DIST.- DIBRUGARH, ASSAM Advocate for the Petitioner : MR. R.S. MISHRA, MS. M DEY,MS. B SARMA Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 14-07-2026 Heard learned counsel Mr. R.S. Mishra for the petitioner Md. Firoz Khan and learned counsel A.K. Gupta for the respondent Sri Ramavtar Khemka. 2. Both the parties have amicably settled their dispute. The respondent Page No.# 2/3 brought up a case against the petitioner under the Negotiable Instruments Act, 1881 for dishonour of cheque and this case was registered as NI Case No. 4C/2022 and this case was disposed of by the learned Chief Judicial Magistrate, Dibrugarh vide the judgment dated 05.09.2024, convicting the petitioner to pay a fine of Rs.6,00,000/- (Rupees Six Lacs) and to undergo simple imprisonment for 7 (Seven) months with default stipulation. 3. The petitioner then preferred an appeal which was registered as Criminal Appeal No. 38(4)/2024, which was dismissed vide the judgment and order dated 30.07.2025 by the learned Additional Sessions Judge, Dibrugarh, upholding the judgment and order of the learned Chief Judicial Magistrate, Dibrugarh. Thereby, the petitioner filed this Criminal Revision Petition No. 227/2026. 4. During the pendency of this matter, both the parties have entered into an agreement and amicably settled their dispute. The petitioner has already paid the compensation of Rs.6,00,000/- (Rupees Six Lacs) to the respondent. 5. Learned counsel for the respondent has submitted that the respondent Ramavtar Khemka has received the amount of Rs.6,00,000/- (Rupees Six Lacs) paid by the petitioner Md. Firoz Khan. 6. As the matter has been amicably settled, the order of conviction under Section 138 of the NI Act, 1881, is upheld and the sentence of simple imprisonment of 7 (Seven) months, is set aside. 7. In terms of the above observation, this petition stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant