DILIP AGARWALA @ DILIP KUMAR AGARWALA Vs. SUBRATA GHOSH

JUDGEMENT

(1.) This is an application challenging the judgment and order of conviction and sentence dated 6th March, 2019 passed by the learned Additional Sessions Judge, 4th Court, Malda in Criminal Appeal No. 09 of 2018, thereby affirming the judgment and order dated 29.09.2018 passed by the learned Chief Judicial Magistrate, Malda in Case No. 232C of 2007.

(2.) The learned advocate appearing on behalf of the petitioner submits as follows. For the dishonor of a cheque amounting to Rs.26,969/-, the learned Magistrate convicted the petitioner under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for one month and to pay a compensation of Rs.53,938/- with a default clause. The learned Appellate Court affirmed this order. Subsequently, a compromise and settlement was arrived at between the accused and the complainant and a joint compromise application to that effect has been filed along with this revision.

(3.) The learned advocate appearing on behalf of the opposite party/complainant submits as follows. It is indeed true that a compromise and settlement has been reached at by the private parties. Referring to a copy of the receipt annexed at page 10 of the joint compromise application, it is submitted that the entire sum of compensation has been paid by the accused/complainant and the complainant also prays that the impugned judgment and order may be quashed and/or set aside on the ground of such compromise and settlement.