Calcutta High Court (Appellete Side)
Utpal Halder vs The State Of West Bengal & Anr on 5 October, 2024
05.10.2024
A.Bhar
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELALTE SIDE
CRR-3613 of 2024
Utpal Halder
-Versus-
The State of West Bengal & Anr.
Mr. Atis Kumar Biswas,
Mr. Amit Sinha. ...for the petitioner.
Mr. Arijit Ganguly, ...for the State.
Mrs. Jyoti Agarwal.
....for the O.P. No.2.
This Revisional Application is directed against the
Judgment and Order dated 19th June 2024, passed by
Learned Additional District and Sessions Judge Fast Track
Court II Krishnanagar Nadia in connection with Criminal
Appeal No. 1 of 2021 arising out of the Judgment and Order
of Conviction dated 4th January 2021 passed by the
Learned Additional Chief Judicial Magistrate Nadia
Krishnanagar in CR. Case No. 296/2016 under Section 138
of Negotiable Instruments Act 1881.
A proceeding under Section 138 of the Negotiable
Instrument Act instituted by the opposite party no-2
against the petitioner before the Learned Chief Judicial
Magistrate Krishnagar Nadia, being CR-case No-296/2016.
By Order dated 4th January 2021, Learned Chief Judicial
Magistrate was pleased to dispose of CR. Case No.296 of
2016 by convicting the petitioner and sentencing him to
suffer simple imprisonment for four months along with fine
of Rs. 500,000/- (Rupees five lac only) in default to suffer
simple imprisonment for another three months. The
petitioner being aggrieved by the Order passed by the
Learned Trial Court preferred an Appeal before the Learned
Sessions Judge Nadia which was transferred to Learned
Additional District and Sessions Judge Fast Track Court II
Krishnagar Nadia being Criminal Appeal No-1 of 2021. By
order dated 19th June 2024 the Learned Appellate Court
dismissed the Appeal by confirming the Order dated 4th
January 2021 passed by Learned Chief Judicial Magistrate
Nadia in CR. No-296 of 2016.
The petitioner being aggrieved by the order dated 19th
June 2024 passed by Learned Additional District and
Sessions Judge Fast Track Court II Krishnanagar Nadia in
Criminal Appeal No-1 of 2021 has come up with the instant
Revisional Application.
During pendency of the Revisional Application the
petitioner and the opposite party no-2 settled their dispute
by entering into a Memorandum of understanding. Upon
entering into memorandum of understanding both
petitioner and opposite party no-2 have filed Joint Petition
for compromise praying for quashing of the Order dated 4th
January 2021 passed by the Learned Chief Judicial
Magistrate, Nadia at Krishnanagar in C.R. Case No. 296 of
2016.
Upon perusing the Memorandum of understanding
entered into between the petitioner and opposite party no-2
it appears that the petitioner has already paid the disputed
amount to the opposite party no-2 and opposite party no-2
upon being satisfied has agreed to this Revisional
Application being allowed and the petitioner being acquitted
from the charge made in CR. Case No. 296 of 2016 before
the Learned Chief Judicial Magistrate at Nadia.
Heard Learned Advocate for the Petitioner and
Learned Advocate for the opposite parties. Perused the
petition for compromise and the memorandum of
understanding. Upon hearing the Learned Advocates and
upon perusing the petition of compromise no terms appear
to be contrary to the provisions of any law, neither the
terms appear to be against public policy. Thus considering
the nature of the offence and the terms of compromise this
Court is of the view that in the interest of justice and to
prevent abuse of the process of Court this petition of
compromise should be allowed.
Thus the joint petition for compromise being CRAN 1
of 2024 stands allowed. The Revisional Application stands
disposed. As the matter is settled between the petitioner
and opposite party no-2. CR. Case 296/2016 before
Learned Chief Judicial Magistrate Nadia is quashed. The
petitioner stands acquitted in CR-296 of 2016 before
Learned Chief Judicial Magistrate Nadia. The Order of
Learned Additional District and Sessions Judge Nadia dated
19th June 2024 passed in Criminal Appeal No. 1 of 2021
directing the petitioner to surrender within 8 weeks and to
deposit the fine amount and the warrant of arrest issued
against the petitioner by Learned Trial Court are
accordingly set aside.
(Biswaroop Chowdhury, J.)
