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C.R.R. No. 226 of 2010. Case: Kedarnath Tewari Vs Nirmal Ghosh. High Court of Calcutta (India)

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Case NumberC.R.R. No. 226 of 2010
CounselFor Appellant: Ayan Bhattacharjee, Adv. and For Respondents: Arindam Sen, Adv.
JudgesAshim Kumar Roy, J.
IssueNegotiable Instruments Act - Sections 138 and 147
Judgement DateMarch 03, 2010
CourtHigh Court of Calcutta (India)

Judgment:

Ashim Kumar Roy, J.

  1. The present petitioner has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for one month and also to pay compensation of Rs. 1,08,000/- with default clause. The petitioner challenged the said order of conviction and sentence before the Sessions Court in a criminal revision. However lost there. Hence, this criminal revision challenging the said order of the revisional Court whereby the order of the Trial Court has been affirmed.

  2. Now, the petitioner have sought for interference with the order of conviction and sentence only on the ground that after revisional Court upheld the order of conviction and sentence, the dispute by and between the parties have been amicably settled out of Court and the complainant has no grievance at the present moment against the accused petitioner.

    In this regard a joint compromise petition has been filed by the parties reiterating such facts and their compromise.

  3. Heard the Learned Counsels appearing on behalf of the parties. Perused the compromise petition as well as other materials on record.

  4. The offence punishable under Section 147 of the Negotiable Instruments Act is a...

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