RAKAUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 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.