Shri Kshir Mohan Das v. Sri Karnajit Rudrapaul and Anr

Judgment & Order : 16.08.2024.

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL)

This present revision petition has been filed seeking the following reliefs:-

"i) Admit this revision petition;

ii) Call for the records;

iii)Issue notice upon the respondent; and

iv) After hearing of the parties and on a perusal of the evidence on record be pleased enough to set-aside/quash the impugned Judgment and Order dated 22. 04.2024 passed by the Ld. Addl. Sessions Judge, Gomati Judicial District, Udaipur in Crl Appeal No. 07 of 2023 wherein and whereby the Ld. Appellate Court has dismissed the Appeal and arbitrarily upholding the Order of conviction and Sentence dated 31.03.2023 passed by the Ld.Judicial Magistrate 1" class, Udaipur, Gomati Tripura in Case No. CR (N.I) 43 of 2019 wherein the Ld. Trial Court convicted the petitioner under Section 138 of N.I Act and Sentenced him under the said section to pay a fine of Rs.2,00,000/ (Rupees two lakhs) i.d the accused petitioner shall Suffer S.I for a period of 6 months

AND/OR

To pass any other appropriate order/orders as your Lordship may deem fit and proper for the interest of justice."

2.

Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Ms. R. Chakraborty, learned counsel appearing for respondent No.1 and Mr. S. Ghosh, learned Addl. P.P., appearing for the State-respondent.

3.

Petitioner Shri Kshir Mohan Das is present before this Court and is represented by Mr.A. Acharjee, learned counsel. He submits before this Court that he is ready to pay Rs.2,00,000/- (Rupees two lakhs) amount which has been agreed by both sides by way of out of Court settlement.

4.

Ms. R. Chakraborty, learned counsel appearing for respondent No. 1 is also present and upon instruction agrees to the same.

5.

As agreed upon by both the parties, Shri Kshir Mohan Das, the petitioner herein will clear the balance of Rs.2,00,000/- which is the full and final settlement amount within 4(four) equal monthly settlements @ Rs.50,000/- per installment. The first installment shall be paid on or before 15th September 2024, the 2nd installment shall be paid on or before 15th October 2024, the 3rd installment shall be paid on or before 15th November 2024 and the 4th installment shall be paid on or before 15th December 2024.

6.

However, it is made clear that in the event if there is any default, it is open for the respondents to take appropriate steps in accordance with law.

7.

With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay if any stands vacated. Pending application(s), if any also stands closed.

JUDGE

suhanjit RAJKUMAR SUHANJIT SINGHA Date: 2024.08.21 13:32:43 +05'30'

HIGH COURT OF TRIPURA AGARTALA CRL. REV. P NO.41 OF 2024 Shri Kshir Mohan Das. ……Petitioner(s) Versus Sri Karnajit Rudrapaul and anr. .......Respondent(s) For the Petitioner(s) : Mr. A. Acharjee, Advocate. For the Respondent(s) : Mr. S. Ghosh, Addl. P.P. Ms. R. Chakraborty, Advocate. Date of hearing and delivery of