JITENDRA S. CHOUDHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging a judgment and order dated 12th June, 2018 passed by the learned Additional Sessions Judge, Fast Track Court-II, City Session Court, Bichar Bhawan, Calcutta, in Criminal Revision No.78 of 2016, thereby affirming the judgment and order of conviction and sentence passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in TR No. 1369 of 2009 under section 138 of the Negotiable Instruments Act.

(2.) An application under section 5 of the Limitation Act has also been filed praying for condonation of delay of about 500 days in preferring this revision.

(3.) Learned counsel appearing on behalf of the petitioner submits as follows. For the purported dishonour of a cheque of Rs.15 lakhs, the learned trial court convicted the petitioner under section 138 of the Negotiable Instruments Act and directed him to pay a sum of Rs.30,00,000/- as compensation and to suffer imprisonment till the rising of the Court. This conviction and sentence was affirmed by the learned Appellate Court. There was a delay of about 504 days in approaching this Court in revision. The delay has been explained at paragraphs 2 and 3 of the application under section 5 of the Limitation Act. Before filing of the revisional application, the accused and the complainant entered into a settlement and compromise. An amount of Rs.16,00,000/- was paid by the accused to the complainant in lieu of full and final settlement. Accordingly, the present revisional application was filed along with a joint compromise petition praying for quashing of the proceeding on the ground of compromise.