Research › Search › Judgment

Calcutta High Court · body

2020 DIGILAW 411 (CAL)

Bodhisatwa Ray v. State Of West Bengal

2020-03-11

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application for quashing and setting aside the conviction and sentence passed by the learned trial court in a proceeding under Section 138 of Negotiable Instruments Act and affirmed by the learned appellate court. 2. Learned counsel appearing for the petitioner submits as follows. A settlement and compromise has been arrived at between the parties in respect of the purported dishonour of a cheque. Earlier, learned trial court had convicted the petitioner for committing an offence under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for one year and to pay a compensation of Rs. 4,00,000/- to the complainant and to pay a fine of Rs. 50,000/-. This was confirmed by the learned appellate court. Pursuant to the settlement that was arrived at between the private parties, the entire sum of Rs. 4, 50, 000/- was paid by the accused. A joint compromise application seeking compounding of the offence has also been filed in connection with the present revision. 3. Learned counsel appearing for the opposite party no.2/complainant submits as follows. The complainant has received the sum of Rs. 4,00, 000/- that was directed to be paid as compensation to it. It has compounded the offence with the accused as would be evident from the averments contained in paragraphs 8, 9 and 10 of the joint compromise application. In view of the same, the impugned conviction and sentence ought to be quashed and set aside. 4. I have heard the submissions of the learned counsels representing the parties and have perused the revision petition. 5. It appears that the offence has been compounded by the private parties in terms of Section 147 of the Negotiable Instruments Act. As such, the impugned judgment and order of conviction and sentence ought to be set aside. 6. In view of the above and in the interest of justice, I set aside and quash the impugned judgment and order of conviction and sentence passed by the learned trial court and affirmed by the learned appellate court on the ground of compromise and settlement between the private parties. 7. However, in view of the guidelines laid down by the Hon''ble Apex Court in Damodar S. Prabhu Vs. 7. However, in view of the guidelines laid down by the Hon''ble Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663 , the petitioner is directed to pay a sum of 15% of the cheque amount to the State Legal Services Authority within three weeks from this date. A receipt for such payment shall be filed with the Registrar General of this Court within a week therefrom. 8. With these observations, the revision petition and the connected application are disposed of. 9. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.