Nityananda Karmakar vs State Of West Bengal & Anr
2022 Latest Caselaw 3706 Cal

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

                      I.A. No. CRAN/1/2022
                                 in
                        C.R.R. 1632 of 2022

                        Nityananda Karmakar
                                 Vs.
                     State of West Bengal & Anr.

For the petitioner      :   Mr. Mit Guha Roy, Adv.

For the O.P.No.2        :   Mr. K.C.Gara, Adv.
                            Ms. S. Agarwal, Adv

Heard on                : 29.06.2022

Judgment On             : 29.06.2022.

Bibek Chaudhuri, J.

The instant matter is listed for hearing of an application for

extension of interim order. However, on perusal of the materials on

record, this Court is of the view that the instant revision can be

disposed of here and now.

It is the grievance of the petitioner that the petitioner is the

accused in respect of complaint case under Section 138 of the

Negotiable Instruments Act (herein after described as N.I. Act). The

said case was registered as C.S./29343/2019 and pending before the

learned Metropolitan Magistrate at Calcutta. From the certified copies

of the documents it is ascertained that on 1 st April, 2022, the

accused/petitioner filed an application for adjournment on the ground

that a talk of compromise was going on by and between the parties.

On the said petition it was recorded by the learned Magistrate,

"Record be sent to Mediation for settlement". However, the order on

the petition did not find place in the order sheet of the record. Next

date was fixed on 20th April, 2022. On 20th April, 2022 the Trial Court

passed the following order:-

"Today is fixed for D/W.

Complt. is present along with his Ld. Advocate.

accused is absent by filing petition.

Ld. Advocate for the accd. is present and filed a petition on the

ground as stated therein & prays for an adjournment.

Petition is taken up for hearing.

Hd. Both sides and petition is rejected.

No further time will be allowed as ld. defiance counsil has been

given sufficient opportunity to file D/W. but they failed to do so.

Hence, D/W. is stands closed.

To 20.5.22 for argument."

It is submitted by the learned Advocate for the

accused/petitioner that the petitioner is agreeable to settle the

dispute of payment of cheque amount and certain reasonable amount

towards compensation. But the complainant/opposite party is

demanding huge sum of money towards compensation. So the

petitioner wanted to settle the dispute in Mediation. However, the

record was not sent to the Mediation.

Learned Advocate for the private opposite party has

vehemently opposed the submission made by the learned Advocate

for the petitioner. It is submitted by the learned Advocate for the

opposite party/complainant that the complainant is also ready and

willing to settle the dispute in Court itself specially when the offence

under Section 138 of the N.I.Act has been made compoundable.

Having heard the learned Advocates for the parties and on

perusal of the materials on record, this Court is of the view that the

learned Magistrate in the Trial Court acted with the material

irregularity after passing the order of sending the case record to

Mediation for settlement on the petition dated 1 st April, 2022 filed by

the petitioner. The record was however not sent to Mediation. On

the contrary on 20th April, 2022 when the date was fixed for defence

witnesses, the learned Trial Judge curtailed witness action and fixed

next date for argument.

Since the offence under Section 138 of the N.I. Act is made

compoundable, the Trial Court itself can compound the offence on the

basis of settlement. Therefore, parties are at liberty to file joint

petition for compromise before the Trial Court for realization of

cheque amount along with reasonable amount of compensation fixed

by the Trial Court. If the complainant does not agree with the

compensation amount, the complaint case shall proceed and in that

case, the accused shall be given opportunity to adduce defence

witness.

In view of the above order, the order dated 20 th April, 2022

passed by the Trial Court is set aside. The instant criminal revision is

disposed of with the above observation.

The parties are at liberty to act upon the server copy of the

order.

The instant revisional application along with connected

application is also disposed of.

(Bibek Chaudhuri, J.)