Mr. Subhkaran Jain v. Shri. Khesangmong Yimchunger

ORDER

10.07.2024 Heard Mr. Pfosekho Pfotte, learned counsel for the petitioner and Mr. Pakinrichapbo, learned counsel for the sole respondent. On 21.06.2024, this Court had passed the following order: "At the outset Mr. Pfosekho Pfotte, learned counsel for the petitioner and Mr. Pakinrichapbo, learned counsel for the sole respondent has drawn the attention of this Court to the Page No.# 4/5 joint affidavit filed by the petitioner and the respondent on

14.12.2023, which goes to show the parties have come to an amicable settlement to make the entire payment of the amount due along with interest amounting to Rs. 51,08,800/- (Rupees Fifty One Lakhs Eight Thousand Eight Hundred) to the respondent by issuing 5 (five) numbers of cheques in anticipation of the fund to be received by the petitioner Company. Despite the joint affidavit and the undertaking made, no amount has been paid to the respondent till date. Mr. Pfosekho Pfotte, learned counsel submits that the petitioner is expecting some of the bills of the Company to be cleared by the Government within the next 2 (two) weeks and therefore, he prays for 2 (two) weeks' time to enable the petitioner to arrange the fund required. It is however, seen from the joint affidavit dated

14.12.2023 that the cheques which are posted could not be encashed since the petitioner did not have any fund in his account. Such being the position, the joint affidavit does not serve the purpose to persuade this Court to entertain the criminal revision petition. However, for the ends of justice in view of the submissions made by Mr. Pfosekho Pfotte, the matter stands adjourned for 2 (two) weeks to be listed again on 04.07.2024. It is also made clear that if the petitioner does not come up with an amount which is acceptable to the respondent, Court may consider directing the personal appearance of Shri Manish Chittora before this Court." On 04.07.25024, this Court had observed that Shri Manish Page No.# 5/5 Chittora shall personally appear before this Court on 10.07.2024 and explain as to why the Order dated 21.06.2024 has not been complied with. It was further made clear that if the Order passed by this Court is not complied, this Court shall consider passing necessary orders including the dismissal of the present petition. Today, when the matter is listed, Mr. Pfosekho Pfotte, learned counsel for the petitioner submits that Shri Manish Chittora, the General Manager of the petitioner's company is unable to appear before the Court nor the Order dated 21.06.2024, passed by this Court has been complied. In view of the submission made by the learned counsel for the petitioner, this Court is of the considered view that no purpose will be served by keeping the petition pending. The CRL.REVN/3/2023 is accordingly dismissed. In view of the order passed today, the learned Chief Judicial Magistrate, Kiphire, shall proceed with the trial of the Criminal Complaint No. 1/2022 in accordance with law.

Sd/- JUDGE Comparing Assistant

Page No.# 1/5 GAHC020000112023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : CRL.REVN/3/2023 MANAGING DIRECTOR, M/S ROLJACK ASIA LTD., ROAD NO.1, II-D CENTRE, RIICO INDUSTRIAL AREA, KALADWAS, UDAIPUR - 313001, RAJASTHAN SHRI. KHESANGMONG YIMCHUNGER S/O S. KIUSUMEW YIMCHUNGER, R/O H/NO.115, TSUWONG WARD, PUNGRO, KIPHIRE - 798611, Advocate for the Petitioner : Advocate for the Respondent : PAKINRICHAPBO Linked Case : I.A.(Crl.)/6/2024 S/O S. KIUSUMEW YIMCHUNGER R/O H/NO. 115 KIPHIRE-789611 Page No.# 2/5 MANAGING DIRECTOR M/S ROLJACK ASIA LTD ROAD NO. 1 II-D CENTRE RIICO INDUSTRIAL AREA KALADWAS UDAIPUR-313001 RAJASTHAN ------------ Advocate for : PAKINRICHAPBO Advocate for : appearing for MR. SUBHKARAN JAIN Linked Case : I.A.(Crl.)/9/2024 S/O S. KIUSUMEW YIMCHUNGER R/O H/NO.115 KIPHIRE - 798611 MANAGING DIRECTOR M/S ROLJACK ASIA LTD. ROAD NO.1 II-D CENTRE RIICO INDUSTRIAL AREA KALADWAS UDAIPUR - 313001 RAJASTHAN ------------ Advocate for : R L EZONG Advocate for : appearing for MR. SUBHKARAN JAIN Page No.# 3/5 Linked Case : I.A.(Crl.)/15/2024 S/O S.KIUSUMEW YIMCHUNGER R/O H.NO. 115 KIPHIRE-798611 MANAGING DIRECTOR M/S ROLJACK ASIA LTD. ROAD NO. 1 II-D CENTRE RIICO INDUSTRIAL AREA KALADWAS UDAIPUR-313001 RAJASTHAN ------------ Advocate for : PAKINRICHAPBO Advocate for : PFOSEKHO PFOTTE appearing for MR. SUBHKARAN JAIN BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA