Anadi Brahmachari @ Anadi Kumar ... vs Sandhya Mohanti
2023 Latest Caselaw 6186 Cal

Sl No.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION Present:

The Hon'ble Justice Ananya Bandyopadhyay

C.R.R. 3165 of 2013 With CRAN 1 of 2013 (Old No. CRAN 3127 of 2013)

Anadi Brahmachari @ Anadi Kumar Brahmachary Vs.

Sandhya Mohanti.

Mr. Navanil De Mr. Rajeshwar Chakraborty .... for the petitioner.

Mr. Harpal Singh Ms. Anasua Biswas Mr. Sayantan Bhattacharya .... for the opposite party

Judgment on : 14.09.2023

Ananya Bandyopadhyay, J. :-

Being aggrieved by the order and judgment dated 26 th June, 2013

passed by learned Additional Sessions Judge, Bankura, the instant

revisional application had been filed by the petitioner. The learned Judicial

Magistrate, 2nd Court, Bishnupur in connection with Case No. 8C of

2009/120T of 2009 under Section 138 of the Negotiable Instruments Act,

1881 directed the petitioner to pay Rs. 1,45,000/- to the complainant as

compensation. The appellant was further directed to surrender before the

learned trial Court within 15 days from the date of receipt of the lower

court record along with a copy of the judgment and to make payment of the

compensation amount of Rs. 1,45,000/- to the opposite party failing which

the learned trial court shall have the liberty to go on against the petitioner

in accordance with the relevant provision of law in connection with

Criminal appeal No. 28 of 2010.

During the pendency of the revisional application the petitioner has

paid a sum of Rs. 1,45,000/- to the opposite party/Bank.

The opposite party has filed an affidavit stating the receipt of the

aforesaid amount of Rs.1,45,000/- as mentioned in Paragraphs 3 and 4 of

the affidavit dated 04.09.2023. Let the said affidavit be kept on record.

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 Section 147 of the N.I. Act the dispute between the parties

have been resolved. The petitioner i.e. Anadi Brahmachari @ Anadi

Kumar Brahmachary is acquitted accordingly and set at liberty.

This criminal revision application being CRR 3165 of 2013 is

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.)