Manoranjan Paul son of late Jogesh chandra Paul v. State of Tripura
2017-02-03
S.TALAPATRA
body2017
DigiLaw.ai
JUDGEMENT AND ORDER : Heard Mr. D. Debnath, learned counsel appearing for the petitioner and Mr. A. Gon Choudhury, learned counsel appearing for the respondent No.2. Also heard Mr. RC Debnath, learned Additional Public Prosecutor appearing for the respondent No.1. 2. This proceeding has emerged from the complaint filed by the respondent no.2 herein as the cheque issued by the petitioner herein was dishonoured for deficiency of fund in his account. 3. After culmination of the proceeding, the accused has been sentenced to pay a fine of Rs.14,04,000/- by the judgment and order dated 30.11.2013 delivered in case No. N.I. 130 of 2007. The said judgment of the trial Court has been affirmed by the appellate court by the judgment and order dated 11.07.2014 delivered in Criminal Appeal No. 04 of 2014. Being aggrieved, the petitioner has challenged that judgment dated 11.07.2014 by this revision petition. 4. Both the petitioner and the respondent no.2 have filed a petition under Section 320 of the Cr.P.C as the complainant-respondent no. 2 has compounded the offence of the petitioner. 5. This court has gone through the said application being I.A. 155 of 2017 in Crl. Rev.P. 68 of 2014 and is of the view that in terms of the provision of Section 147 of the Negotiable Instruments Act, 1881, this revision petition may be allowed on compounding of the offence by the complainant and in terms of the judgment of the Apex court in Damodar S. Prabhu v. Sayed Babalal H. reported in AIR 2010 SC 1907 . Accordingly, this petition stands allowed and disposed of. 6. As consequence thereof, the petitioner is discharged from the accusation under Section 138 of the Negotiable Instruments Act, 1881 and the impugned judgment and order is set aside and quashed. Send down the LCRs forthwith