Ramkrishna Adhikary vs Pankaj Nandi & Anr
2022 Latest Caselaw 7808 Cal

24.11.2022
Ct.33
cm

  (3)
                                CRR 2849 of 2014
                                     With
                                 CRAN 1 of 2022
                                     With
                                CRAN 2 of 2022



                          Ramkrishna Adhikary
                                Vs.
                          Pankaj Nandi & Anr.

                   Mr. Soumik Ganguli
                   Mr. Sayan Roy
                                   .... for the petitioner.

                   Mr. Malay Bhattacharyya
                   Ms. Sudipa Sengupta
                                    .... for the O.P. 1


                   Being aggrieved by the order and judgment

             dated 23rd July, 2014 in Criminal Appeal No.22 of

             2013 passed by learned Sessions Judge, Bankura, the

             instant revisional application had been filed by the

             applicant.   The   learned   Additional   Chief   Judicial

             Magistrate, Bishnupur in C. Case No. 76C of 2005

             under Section 138 of the Negotiable Instruments Act

             has sentenced him to suffer simple imprisonment of 15

             days and to pay compensation of Rs. 75,000/- only.

             The said order was upheld by the learned Sessions

             Judge, Bankura as aforesaid.

                   When the matter came up for hearing, the

             learned advocate for the petitioner submitted the

             parties have intended to amicably settle the dispute

             out of court and the petitioner has agreed to pay Rs.
                             2




75,000/- by dint of bank draft bearing No. 560363

dated 17.09.2022. In another revisional application

being CRR 2864 of 2014 between the same parties,

similar issue has been proposed to be settled. Learned

advocate for the petitioner further submits that a Bank

draft of Rs. 30,000/- bearing No. 560364 dated

19.09.2022 has been prepared by the petitioner as an

additional amount to be paid with regard to both the

matters as aforesaid which has been accepted by the

respondent No.1.

The petitioner and the opposite party No.1 has

filed a separate affidavit to this effect that the matter

has been amicably settled between them and the

opposite party No.1 being the de-facto complainant, is

not willing to continue with the pending proceedings

and prayed for appropriate order to set aside the

judgment and order passed by the learned Sessions

Judge, Bankura in Criminal Appeal No.22 of 2013 and

the learned Additional Chief Judicial Magistrate,

Bishnupur in C. Case No. 76C of 2005 under Section

138 of the Negotiable Instruments Act in terms of the

amicable settlement arrived between the parties.

According to Section 147 of the N.I. Act

notwithstanding anything contained in the Cr. P.C.,

every offence punishable under N.I. Act shall be

compoundable.

According to Section 320(6) Cr.P.C., the High

Court or Court of Sessions while exercising its powers

of revision under Section 401 Cr. P.C. may allow any

person to compound any offence, which such person is

competent to compound under this Section. When the

composition of offence under the Section is made, it

shall have the effect of an acquittal of the accused with

whom the offence has been compounded under Section

320(8) of Cr.P.C.

In view of the compromise, the conviction and

sentence passed by the Additional Chief Judicial

Magistrate, Bishnupur in C. Case No. 76C of 2005

under Section 138 of the Negotiable Instruments Act

which was upheld by the Ld. Sessions Judge, Bankura

in Criminal Appeal No. 22 of 2013 are set aside. The

petitioner i.e. Ramkrishna Adhikary is acquitted

accordingly and set at liberty.

This criminal revision application being CRR

2849 of 2014 along with CRAN 1 of 2022 and CRAN 2

of 2022 are disposed of as above.

All parties shall act on the server copy of this

order duly downloaded from the official website of this

court.

(Ananya Bandyopadhyay, J.)