Gauhati High Court
M/S. Gang And Sons vs Mr. Deepesh Jain And Anr on 6 March, 2020
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010005562010
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A. 76/2010
1:M/S. GANG and SONS,
SITUATED AT T.R. PHUKAN ROAD, FANCY BAZAR, GUWAHATI, DIST.
KAMRUP, ASSAM, REPRESENTED BY ITS MANAGER SRI NAVRANG JAIN,
S/O LATE J.M. JAIN.
VERSUS
1:MR. DEEPESH JAIN and ANR
S/O SRI BHAGCHAND JAIN AND PROPRIETOR OF UNITED TRADERS
SITUATED AT NARENGI TINIALI, GUWAHATI 781026 AND RESIDENT OF
BAJAJ BUILDING, 5TH FLOOR, DEWAN PATH, T.R.P. ROAD, FANCY BAZAR,
GUWAHATI-781001, ASSAM.
2:THE STATE OF ASSA
Advocate for the Petitioner : MRR K MOUR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 06-03-2020 This is an appeal against the judgment of acquittal recorded on 10.03.2010, by the learned Additional Sessions Judge (FTC) No. 2, Kamrup, Guwahati in Criminal Appeal No. 50/2009.
I have perused the appeal memo of appeal as well as the annexures furnished therewith.
Page No.# 2/2 I have also heard Mr. B. Deka, learned counsel for the appellant. None appears for the respondent.
However, on hearing learned counsel for the appellant Mr. B. Deka, this court proposes to dispose of this appeal even without hearing the learned counsel for the private respondent taking into account the submission to the effect that the matter has been settled between the parties outside the court and the appellant has received the amount as settled between them.
It has already been recorded that the matter has been settled between the parties on receipt of the agreed amount. The Hon'ble Supreme Court in Meters and Instruments Private Limited & Ors. -vs- Kanchan Mehta, reported in AIR 2017 SC 4594, wherein, it has been laid down that offence under Section 138 of the Negotiable Instrument Act being in the nature of civil wrong, can be settled, of course, consent of the complainant is necessary. However, it is made clear in the aforesaid judgment that even if there is no consent, then also for the ends of justice, if the Court deems fit, the matter can be settled.
In view of the above, the appeal is disposed of on settlement between the parties.
JUDGE Comparing Assistant