Calcutta High Court (Appellete Side)
Gopal Chandra Mukherjee vs The State Of West Bengal & Anr on 8 August, 2023
Sl No.
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
Present:
The Hon'ble Justice Ananya Bandyopadhyay
C.R.R. 2295 of 2014
With
CRAN 1 of 2023
Gopal Chandra Mukherjee
Vs.
The State of West Bengal & Anr.
Mr. Malay Bhattacharyya
Mr. Subhrajyoti Ghosal
.... for the petitioner.
Mr. Soumik Ganguli
Mr. Sourat Nandy
.... for the O.P. 2
Judgment on : 08.08.2023
Ananya Bandyopadhyay, J. :-
Being aggrieved by the order and judgment dated 27 th June, 2014 in
Criminal Appeal No.44 of 2011 passed by learned Additional Sessions
Judge, 1st Court, Bankura, the instant revisional application had been filed
by the applicant/petitioner. The learned Judicial Magistrate, 6 th Court,
Bankura in connection with Case No. 73C of 2006/T.R. No. 184T/2006
under Section 138 of the Negotiable Instruments Act, 1881 directed the
petitioner to pay Rs. 53,800/- to the complainant as compensation within
sixty days from the date of passing of the judgment in default to pay a fine
of Rs. 4,000/ in default to suffer simple imprisonment for two months, in
case of failure to pay the fine and compensation money. The sentences will
run consecutively. The said order was upheld by the learned Additional
Sessions Judge, 1st Court, Bankura as aforesaid.
From the record it transpires that the petitioner has deposited Rs.
40,000/- to the opposite party No.2 by an agreement dated 19.12.2023.
The petitioner and the opposite party No.2 has filed an compromise
application i.e. CRAN 1 of 2023 to this effect that the matter has been
amicably settled between them. On 19.12.2019 petitioner has paid
40,000/- to the opposite party No. 2.
Accordingly, opposite party No.2 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 Additional Sessions Judge, 1st Court, Bankura in Criminal Appeal
No.44 of 2011 and the learned Judicial Magistrate, 6 th Court, Bankura in
connection with Case No. 73C of 2006/T.R. No. 184T/2006 under Section
138 of the Negotiable Instruments Act, 1881 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 learned Judicial Magistrate, 6th Court, Bankura in connection with
Case No. 73C of 2006/T.R. No. 184T/2006 under Section 138 of the
Negotiable Instruments Act, 1881 which was upheld by the learned
Additional Sessions Judge, 1st Court, Bankura in Criminal Appeal No. 44 of
2011 are set aside. The petitioner i.e. Gopal Chandra Mukherjee is
acquitted accordingly and set at liberty.
This criminal revision application being CRR 2295 of 2014 along
with CRAN 1 of 2023 are disposed of as above.
All parties shall act on the server copy of this judgment duly
downloaded from the official website of this court.
(Ananya Bandyopadhyay, J.)
