JOYDIP MAJUMDAR Vs. PRANAB RANJAN DUTTA

JUDGEMENT

(1.) This criminal revisional application under Section 401 of the Code of Criminal Procedure read with Section 482 of the said Code has been filed by petitioner Joydip Majumdar against the opposite party Pranab Ranjan Dutta challenging the judgment dated 28.7.2014 passed by learned Sessions Judge, Hooghly in Criminal Appeal No. 10 of 2014 wherein the learned Sessions Judge has affirmed the judgment of conviction and sentence passed by learned Judicial Magistrate, 2nd Court, Hooghly in C.R. Case No. 226 of 2009 under Section 138 of the Negotiable Instruments Act, 1881. In the revisional application the petitioner sought for setting aside the impugned judgment affirming the conviction and sentence of the petitioner. During pendency of this case the petitioner and the opposite party jointly have filed this CRAN 3189 of 2015 for permission to compound the offence under Section 138 of the Negotiable Instruments Act, 1881. Stating inter alia, they have stated that the matter of dispute between the parties has been amicably settled out of Court between them and they jointly prayed for setting aside the judgment and order dated 28.7.2014 passed by learned Sessions Judge, Hooghly in Criminal Appeal No. 10 of 2014 affirming the judgment and order dated 15.3.2014 passed by learned Judicial Magistrate, 2nd Court, Hooghly in C.R. Case No. 226 of 2009 under Section 138 of the Negotiable Instruments Act, 1881.

(2.) At the time of hearing learned counsels for both the parties have jointly submitted a copy of money receipt with certain agreement relating to the subject matter of this case. They have submitted in chorus voice that the matter in dispute between the parties has been amicably settled out of Court and they may be permitted to compound the offence in view of provisions under Section 147 of the Negotiable Instruments Act, 1881. In support of their submission they have relied upon decisions of Hon'ble Supreme Court in the case of Anil Kumar Haritwal & Anr. Vs. Alka Gupta & Anr., 2004 AIR(SC) 3978 and another case of O.P. Dholakia Vs. State of Haryana & Anr., 2000 1 SCC 762 . On going through the said decisions and the provisions under Section 147 of the Negotiable Instruments Act, 1881 I am satisfied that the CRAN 3189 of 2015 may be allowed granting permission to the parties for compounding the offence under Section 138 of the Negotiable Instruments Act, 1881.

(3.) As a result, the CRAN 3189 of 2015 is allowed. Parties to this proceeding as well as CRR No. 3194 of 2014 are hereby permitted to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in view of the fact that the said dispute has been settled between the parties and Section 147 of the Negotiable Instruments Act permits them for compounding the offence following the decisions of the Supreme Court cited before me. Accordingly, CRAN 3189 of 2015 is allowed and disposed of.