Orissa High Court
Biswajit Panda vs State Of Odisha And Another ... Opposite ... on 17 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.518 of 2022
(In the matter of application under Section 397 read
with Section 401 of Criminal Procedure Code).
Biswajit Panda ... Petitioner
-versus-
State of Odisha and another ... Opposite Parties
For Petitioner : Mr. H.K. Mohanta,
Advocate
For Opposite Parties : Mr. S.K. Rout, Addl. PP
Mr. J.K. Mohapatra,
Advocate (OP-2)
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:17.04.2025(ORAL)
G. Satapathy, J.
1. This Criminal Revision U/Ss.397/401 of the
Code of Criminal Procedure (in short, "the CrPC) by the
revision-petitioner is directed against the conviction and
sentence of the petitioner as recorded by the learned
Special Judicial Magistrate, First Class, Bhadrak vide
judgment dated 09.03.2011 in 1CC Case No.426 of
2006 and affirmed by the learned Additional Sessions
Judge, Bhadrak by judgment dated 24.06.2022 passed
in Criminal Appeal No.12 of 2011.
2. The revision-petitioner in this case has
accordingly being convicted for commission of offence
punishable U/S.138 of Negotiable Instrument Act (in
short, "the NI Act") has been sentenced to undergo
Simple Imprisonment for a period of three months with
payment of compensation of Rs.1,12,000/- (Rupees
One Lakh Twelve Thousand).
3. While admitting the revision, this Court by
way of an order passed on 20.01.2023 in IA No.801 of
2022 had stayed the realization of fine/compensation
from the revision-petitioner subject to his deposit of
Rs.50,000/- (Rupees Fifty Thousand) before the learned
convicting Court and the petitioner, accordingly, had
deposited a sum of Rs.50,000/- (Rupees Fifty
Thousand) on 10.03.2023 before the learned convicting
Court by way of a challan. Further, the petitioner has
also deposited the balance amount of compensation of
Rs.62,000/- (Rupees Sixty Two Thousand) before the
learned convicting Court on 04.11.2024 for compromise
of the matter. While the matter stood thus, the
petitioner and OPNo.2-cum-complainant being
identified by their respective counsels are present
before this Court with a joint compromise petition
indicating therein about compromise in the matter and
not to proceed with the case. It is, accordingly, prayed
by the parties to allow the compromise. In addition,
learned counsel for the petitioner has filed a petition to
direct the learned trial Court to release the total
deposited compensation amount along with accrued
interest thereon to the petitioner within a stipulated
time, which was never resisted to by the OPNo.2-cum-
complainant.
4. It is no more res integra that the offence
U/S.138 of the NI Act is compoundable in nature and,
thereby, according permission to compromise is
permissible. Further, not only the petitioner and OP
No.2 are present in the Court, but also have signed on
the compromise petition and they expressed their
satisfaction over compromise in the matter without any
coercion. In the fitness of things and taking into
account the compromise petition filed by both the
parties and they being present in person being
identified by their respective counsels have expressed
their satisfaction over the compromise and taking into
account the positive attitude of the parties in coming
forward to close the litigation, this Court considers it in
the interest of justice to allow the parties to
compromise the case and, accordingly, the offence is
compounded.
5. In the result, the Criminal Revision stands
allowed and the conviction and sentence of the
revision-petitioner are hereby set-aside. Consequently,
the impugned judgment of conviction and sentence as
recorded by the learned Special Judicial Magistrate,
First Class, Bhadrak vide judgment dated 09.03.2011
passed in 1CC Case No.426 of 2006 and judgment
dated 24.06.2022 passed by the learned Additional
Sessions Judge, Bhadrak in Criminal Appeal No.12 of
2011 are hereby quashed/set-aside and the revision-
petitioner is acquitted of the charge.
As a necessary corollary, the learned
convicting Court is, hereby, requested to release the
compensation amount as deposited by the revision-
petitioner on 10.03.2023 (Rs.50,000/-) and 04.11.2024
(Rs.62,000/-)= Rs.1,12,000/- along with the accrued
interest thereon in favour of the OPNo.2-cum-
complainant.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 17th day of April, 2025/Subhasmita
Location: High Court of Orissa
