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Calcutta High Court · body

2020 DIGILAW 164 (CAL)

Prajit Das v. Tapas Lahiri

2020-02-07

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - Learned counsel appearing on behalf of the petitioner submits as follows. A compromise and settlement has been arrived at between the private parties in connection with the dishonour of the instant cheque. A joint compromise application has been filed in this regard praying for quashing of the proceeding on the ground of compromise and compounding. A part of the sum was deposited before the learned trial court and the rest of the sum is being paid by way of bank draft in court. 2. Learned counsel appearing on behalf of the complainant-opposite party submits that a compromise and settlement has indeed been arrived at between the private parties. The complainant may be permitted to withdraw the sum deposited before the learned trial court and payment of the rest of the amount by way of a bank draft in Court is acknowledged on behalf of the complainant. 3. I have heard the submissions of the parties and have perused the revision petition and the connected applications. 4. From the averments contained in paragraphs 8, 9, 10 and 12 of the application for compounding and the submissions made on behalf of the private parties, it is amply clear that a settlement and compromise had indeed been arrived at between the private parties. 5. In view of the above, the impugned conviction and sentence passed by the learned trial court as affirmed by the learned appellate court is hereby quashed and set aside on the ground of compromise and settlement. 6. The complainant shall be at liberty to withdraw the sum deposited before the learned trial court in respect of the present case along with accrued interest, if any. 7. In view of the ratio laid down of the Hon'ble Apex Court in the case of Damodar S. Prabhu -vs- Sayed Babalal H, 2010 5 SCC 663 , the petitioner is directed to pay 15 % of the cheque amount to the State Legal Service Authority within four weeks from this date. Receipt for such payment shall be deposited before the learned Registrar General of this Court within a week from the date of payment. 8. With these observations, the revisional application and the connected applications are disposed of. 9. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.