Kukil Kumar Goswami S/o Sri. Babul Goswami v. Junti Kakoti and Anr. W/o Mahavir Prasad Karowa
2018-02-22
HITESH KUMAR SARMA
body2018
DigiLaw.ai
JUDGMENT : HITESH KUMAR SARMA, J. This criminal revision petition has been filed against the judgment and order, dated 31.03.2015, passed by the learned Sessions Judge, Nagaon in Criminal Appeal No. 43/2014 partly allowing the appeal and thereby modifying the judgment and order, dated 12.06.2014, passed by the learned Judicial Magistrate First Class, Nagaon in CR Case No. 2756/2010, under Section 138 of the Negotiable Instrument Act to the extent that the accused-petitioner shall pay an amount of Rs. 1 lakh to the respondent No. 1 as compensation, and in default of payment of compensation, to undergo simple imprisonment for 1 (one) year. 2. I have heard Mr. BM Choudhury, learned counsel for the petitioner, Mr. UC Rabha, learned counsel appearing for the respondent No. 1 as well as Mr. BJ Dutta, learned Additional Public Prosecutor, appearing for the State respondent No. 2. 3. The learned counsel for the accused-revision petitioner has submitted that he is prepared to pay the compensation amount of Rs. 1 lakh as per the decision of the learned Appellate Court in the aforesaid Criminal Appeal, The learned counsel for the respondent No. 1 has agreed to such submission of the learned counsel for the revision petitioner. 4. It has been submitted by the learned counsel for the accused-revision petitioner and subscribed by the learned counsel for the respondent No. 1 that there is an understanding between the parties that the petitioner will pay the compensation of Rs. 1 lakh to the respondent No. 1 within a period of 1 (one) month from today. 5. On such understanding, subscribed by the learned counsel for both the parties, this Court taking the ratio of the decision of the Hon'ble Supreme Court in the case of Meters and Instruments Private Limited v. Kanchan Mehta, reported in (2018) 1 SCC 560 , the further proceeding of the CR Case No. 2756/2010, pending before the learned Judicial Magistrate First Class, Nagaon is closed so far execution and implementation of the judgment is concerned. However, if the payment is not made within the stipulated time, as indicated above, the learned trial court will proceed to execute and implement the judgment passed by the learned Appellate Court in Criminal Appeal No. 43/2014. 6. With the above observations and directions, this criminal revision petition stands disposed of. 7. Send down the LCR along with a copy of this judgment.