Sri Prosanta Bose vs The State Of West Bengal & Anr
2022 Latest Caselaw 4093 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                      IA No: CRAN/1/2022
                               In
                      C.R.R. 2287 of 2022

                       Sri Prosanta Bose
                               Vs.
                 The State of West Bengal & Anr.

For the petitioner     :   Mr. Rabindra Kumar Jaiswal, Adv.


For O.P. No.2          :   Ms. Debolina Bhar, Adv.

Heard on               : 08.07.2022

Judgment On            : 08.07.2022.

Item No.               : 1.

Bibek Chaudhuri, J.

The instant revision arises challenging the order of conviction

and sentence passed by the learned Judicial Magistrate, 1 st Court at

Sealdah on 13th March, 2019 in case No.C.389 of 2007 under Section

138 of the Negotiable Instruments Act.

Be it mentioned here that initially the above-mentioned

complaint case was disposed of by a judgment and order of conviction

and sentence dated 18th February, 2011. The accused/petitioner

preferred an appeal before the Sessions Court bearing Criminal

Appeal No.2 of 2012. The said appeal was dismissed by the learned

Additional Sessions Judge, Fast Track Court No.I, Sealdah.

Challenging the said order of affirmation, the petitioner has filed the

instant revision. During the pendency of the revision, the parties

have filed joint petition of compromise, stating, inter alia, that the

petitioner has already paid entire compensation amount as well as

fine amount. The opposite party No.2 has submitted before the Court

through his learned Advocate that if the instant revision is disposed of

on the basis of the compromise, he has no objection. In view of such

fact, the instant criminal revision is disposed of on compromise. The

joint petition of compromise be made part of this order.

In view of such compromise, conviction and sentence passed

by the learned Additional Sessions Judge, Fast Track, Court No-I,

Sealdah in Criminal Appeal No.2 of 2012 be set aside.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).