BODHISATWA RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 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.