PARTHA SARATHI SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved by the order and judgment dtd. 18/6/2013 in Criminal Appeal No.40 of 2011 passed by learned Sessions Judge, Bankura, the instant revisional application had been filed by the applicant/petitioner. The learned Judicial Magistrate 1st Class, 6th Court, Bankura in Case No. 420C/2009, T.R. No. 613 T/2009 under Sec. 138 of the Negotiable Instruments Act, 1881 directed the petitioner to pay Rs.1,10,500.00 to the complainant as compensation within sixty days from the date of passing of the judgment in default to suffer simple imprisonment for six months and to pay a fine of Rs.4,000.00 in default to suffer simple imprisonment for 3 months, in case of failure to pay the fine and compensation money. The sentences will run consecutively. The said order was upheld by the learned Sessions Judge, Bankura as aforesaid.

(2.) From the record it transpires that in compliance with the order dtd. 15/7/2013, the petitioner has deposited Rs.35,000.00 through a bank draft dtd. 18/7/2013 drawn on Bank of India, Bankura Branch on 20/7/2013 before the learned trial court.

(3.) The petitioner and the opposite party No.2 has filed CRAN application i.e. 1 of 2023 to this effect that the matter has been amicably settled between them. On 17/12/2022 petitioner has paid the remaining amount i.e. Rs.75, 000.00 in cash to the opposite party No. 2. Accordingly, opposite party No.2 being the de-facto complainant, is not willing to continue with the pending proceedings and prayed for appropriate order to set aside the judgment and order passed by the learned Sessions Judge, Bankura in Criminal Appeal No.40 of 2011 and the learned Judicial Magistrate, 1st Class, 6th Court at Bakura in Case No. 420C/2009, T.R. No. 613T/2009 under Sec. 138 of the Negotiable Instruments Act in terms of the amicable settlement arrived between the parties.