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2020 DIGILAW 295 (CAL)

Rakaul Islam v. State Of West Bengal

2020-02-27

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application challenging the judgment and order dated 18.02.2019 passed by the learned Additiional Sessions Judge, Fast Track, First Court, Malda, in Criminal Appeal No. 4 of 2018, thereby affirming the judgment and order of conviction and sentence dated 30.05.2018 passed by the Learned Judicial Magistrate, 1st Court, Malda, in connection with Complaint Case No. 486C of 2012 under Section 138 of the Negotiable Instrument Act. 2. The learned Counsel appearing for the accused-petitioner submits as follows. For the dishonour of a cheque of Rs. 2.7 lacs, the Learned Trial Court sentenced the petitioner to five (5) days' simple imprisonment along with a compensation of Rs. 2.7 lacs to be paid to the complainant. Learned Appellate Court affirmed the said judgment. However, during the pendency of the present revisional application, a compromise and settlement has been arrived at between the accused-petitioner and the complainant-opposite party. The complainant accepted the said sum of Rs. 2.7 lacs and decided to settle the matter finally with the accused-petitioner. Accordingly, a joint compromise application was filed by the private parties. 3. Learned Counsel appearing for the complainant-opposite party submits as follows. A settlement and compromise has been arrived at by and between the private parties. In view of the averments made at paragraph 6 of the joint compromise application, the impugned conviction and sentence ought to be set aside. 4. I have heard the submissions made on behalf of the learned counsel for the petitioner and the learned counsel for the opposite party and have perused the revisional application and the connected application. 5. From the submissions advanced on behalf of the private parties and from a plain reading of the averments made in paragraph 6 of the joint compromise application, it is evident that a compromise and settlement has been arrived at between the complainant and the accused. Since the private parties have arrived at a compromise, the impugned conviction and sentence may be set aside in the interest of justice. 6. In view of the above and for the ends of justice, I set aside and quash the impugned conviction and sentence as awarded by the learned Trial Court and as affirmed by the learned Appellate Court on the ground of compromise and settlement. 7. 6. In view of the above and for the ends of justice, I set aside and quash the impugned conviction and sentence as awarded by the learned Trial Court and as affirmed by the learned Appellate Court on the ground of compromise and settlement. 7. However, in view of the guidelines laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu-vs.-Sayed Babulal H., 2010 5 SCC 663 , the petitioner is directed to deposit 15 per cent of the cheque amount with the Legal Services Authority within four (4) weeks from this date. A copy of the receipt for such payment shall be deposited at the Office of the Learned Registrar General within a week therefrom. 8. With these observations, the revisional application being CRR 924 of 2019 and the application being CRAN 875 of 2020 are disposed of. 9. Urgent certified photocopy of this judgment and order, if applied for, be supplied to the parties upon compliance of necessary formalities.