P K CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) HEARD. Having been satisfied with the grounds taken in the Interlocutory Application filed under Section 5 of the Limitation Act delay of 679 days in filing the instant Criminal Revision is allowed. I.A. No.1512 of 2009 stands disposed. Criminal Revision No.520 of 2009 This Criminal Revision directed against the judgment dated 4.9.2009 passed in Criminal Appeal No.114 of 2007 by the 5th Additional Sessions Judge, East Singhbhum, Jamshedpur by which the appeal of the petitioner against his conviction under Section 138 of the Negotiable Instruments Act was dismissed and thereby confirmed the judgment dated 22.5.2007 passed by Mr. K.K. Prasad, Judicial Magistrate 1st Class, Jamshedpur in T.R. No.405 of 2007 arising out of Complaint C/1 Case No.1444 of 2006, by which the petitioner was convicted for the said charge and sentenced to undergo simple imprisonment ror a period of 4 months and was further directed to pay a sum of Rs.30,000/- being the compensation to the complainant O.P. No, 2 here in.

(2.) THE prosecution story in short was that the Complainant- O.P. No.2 on account of long standing acquaintances and having good relationship he had lent a sum of Rs.30,000/- on 18.5.2006 as friendly loan to the petitioner on demand on the latter's promise to return the same within a month. When the amount could not be returned by the petitioner within the time stipulated, the complainant approached the petitioner who issued a cheque bearing No.0400373 on 18.8.2006 for a sum of Rs.30,000/- drawn on Bank on India, Telco Campus Branch in favour of the complainant. It was alleged that when the cheque was presented on 21.8.2006, it was returned with the endorsement 'insufficient fund'. THE complainant immediately informed the petitioner about dishonour of the cheque which was issued by him but no attention was paid in respect of making payment of the cheque amount and only thereafter the complainant -O.P. No. 2 here in sent a legal notice on 2.9.2006 which was received by the petitioner on 4.9.2006 and even then when no interest was taken to pay back the loan amount, the complainant -O.P. No.2 filed a case for the alleged offence under Section 138, N.I. Act before the C.J.M., Jamshedpur.

(3.) IN the counter affidavit filed before this Court, the complainant- O.P. No.2 has corroborated the averment made in the compromise petition and stated that in view of the settlement/compromise between the parties the complainant has already received the entire amount of Rs.30,000/- from the petitioner through different cheques drawn on Union Bank of INdia, Sakchi Branch and his counsel orally submitted that the complainant had no longer grievance against the petitioner and hence upon composition of the offence under provision of Section 147 of the NI Act, 1881 appropriate order may be passed by setting aside the sentence of imprisonment, of the petitioner.