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2022 Supreme(Gau) 1258

ARUN DEV CHOUDHURY
Fatema Begum – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR.M DEY, Mr. K. Agarwal, Ms. P. Neog, Advocate.
For the Respondents: Mr. K. Bhattacharya, Mr. A. K. Das, State Counsel.

JUDGMENT :

Heard Mr. K. Agarwal, learned Senior Counsel assisted by Ms. P. Neog, learned counsel for the petitioner. Also heard Mr. K. Bhattacharya, learned counsel for the private respondent and Mr. A. K. Das, learned counsel representing the State of Assam.

2. The present revision petition under Section 397/401/482 of Cr.P.C. is filed assailing the judgment and order dated 31.10.2011 passed by the learned Additional Sessions Judge, Kamrup in Crl. Appeal No. 53/2010 and Cr the Criminal Revision No. 77/2010 confirming and upholding the judgment and order dated 19.06.2010 passed by the learned Magistrate 1st Class, Guwahati in C.R. Case No. 4594/2006, whereby the present petitioner was convicted for offences under Section 138 of the Negotiable Instruments Act, 1881 and directed to pay a sum of Rs. 5,00,000/-(five Lakhs) being the cheque amount along with the compensation of another Rs. 1,00,000/-(one lakh) under Section 357 of the Cr.P.C. in default to undergo S.I. for one year.

3. It is submitted that during the pendency of this proceeding, both the claimant and the respondent entered into an agreement of compromise on 03.05.2017. A copy of such agreement is produced by Mr. K. Agarwal

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