Sri Anjan Debnath v. Sri Lokman Hossen and Anr

Judgment & Order (Oral)

Heard learned counsel for the parties. [2]

This is a criminal revision petition under Section 401 read with section 397 of Cr.P.C directed against the impugned judgment and order dated 16.12.2023 passed in Criminal Appeal No12 of 2022 by Ld. Additional Sessions Judge, Gomati Judicial District, Udaipur. [3]

The case of the petitioner is that one Lokman Hossen made a complaint before the Ld. Chief Judicial Magistrate, Gomati, Udaipur after alleging inter alia that he and the petitioner herein are having good relation. On 10.08.2014, the petitioner borrowed an amount of ₹1,00,000/- (Rupees one lac) from the respondent No.1 on condition to return the same within six months. Further, on 24.08.2014, the petitioner for his urgent necessity took loan of ₹1,00,000/- (Rupees one lac) from the respondent No.1 on the same condition. But after six months had passed, the respondent did not return the money as promised. On 11.03.2015, the petitioner had issued two cheques vide Nos. 509068 & 509069 drawn on SBI, Udaipur Branch, Gomati Tripura for an amount of 2,00,000/- in

default to SI for a1,00,000/ (Rupees one lac) each. Then on 12.03.2015 respondent No.1 deposited the cheque bearing No. 509069 at UBI, Killa Br., Udaipur, Gomati for encashment but the same was returned due to insufficient fund. Further on 23.03.2015 the respondent No.1 deposited another cheque bearing No.509068 at UBI, Killa Br., Udaipur, Gomati for encashment but the same also returned due to insufficient fund. The respondent No.2 on 01.04.2015 issued demand notice to the petitioner by registered post demanding payment of the cheque amount of ₹2,00,000/- but, as no payment was made by the petitioner till date. Then respondent No.1 had filed complaint before the learned Chief Judicial Magistrate, Gomati District, Udaipur on 18.04.2015 which has been registered as CR (NI) 12 of 2015. [4]

Today, when the case is called, it is represented by the counsel for the parties that they have entered into a compromise settlement. In view of the said submission, the revision petition stands disposed of.

[5]

It is also brought to the notice of this court that in pursuance of the orders passed by the court below a sum of Rs.80,000/- has been paid by the petitioner herein. In view of the same, the respondents are at liberty to withdraw the said amount as per procedure. In view of the above, the accused-petitioner stands discharged from the allegation leveled against him. [6]

Registry to do the needful on the strength of this order.

JUDGE

Dipak DIPAK DAS by DIPAK DAS Date: 2024.07.10 16:40:27 +05'30'

HIGH COURT OF TRIPURA AGARTALA Crl.Rev.p 02 of 2024 Sri Anjan Debnath ---Petitioner(s) Versus Sri Lokman Hossen and Anr. ---Respondent(s) For Petitioner(s) : Mr. T. D. Majumder, Sr. Advocate. Mr. D. Kalai, Advocate. Mr. R. G.Chakraborty, Advocate. For Respondent(s) : Mr. S. Ghosh, Addl. PP. Mr. Ratan Datta, Advocate. Date of hearing and date of judgment and order : 08.07.2024 Whether fit for reporting : HON'BLE MR. JUSTICE T. AMARNATH GOUD