Biswajit Panda vs State Of Odisha And Others Vs

G. Satapathy, J.

The  revision-petitioner  by  way  of  this revision  U/Ss.397/401  of  the  Code  of  Criminal Procedure (in short, “the CrPC) has not only assailed the original judgment dated 09.03.2011 passed by the learned Special Judicial Magistrate, First Class, Bhadrak in 1CC Case No.130 of 2007 under Annexure-2 convicting him for commission of offence punishable U/S.138 of Negotiable Instrument Act (in short, “the NI Act”) and sentencing him to undergo Simple Imprisonment for a period of three months with payment of compensation of Rs.99,000/- (Rupees Ninety nine Thousand) to the complainant; but also the judgment dated 21.06.2022 passed by the learned Additional Sessions Judge, Bhadrak in Criminal Appeal No.11 of 2011 under Annexure-3 confirming the aforesaid conviction and sentence of the petitioner.

While admitting the revision, this Court by way of an order passed on 20.01.2023 in IA No.800 of 2022 had stayed the realization of fine/compensation from the revision petitioner subject to his deposit of Rs.50,000/- (Rupees Fifty Thousand) before the learned convicting Court and the petitioner, accordingly, had deposited a sum of Rs.50,000/- (Rupees Fifty Thousand) before the learned convicting Court as admitted in the compromise petition. Further, the revision-petitioner has handed over a Demand Draft bearing Registration No.756211103 amounting to Rs.49,000/- (Rupees Fourty Nine Thousand) to the OPNo.2-cum-complainant in the Court today and, accordingly, the OPNo.2-cum-complainant acknowledges the same by endorsing in the compromise petition to have received the Demand Draft. While the matter stood thus, the petitioner and OPNo.2-cum-complainant being identified by their respective counsels are present before this Court with a joint compromise petition indicating therein about compromise in the matter and not to proceed with the case. It is, accordingly, prayed by the parties to allow the compromise. In addition, learned counsel for the petitioner has filed a petition to direct the learned trial Court to release the total deposited compensation amount along with accrued interest thereon to the petitioner within a stipulated time, which was never resisted to by the OPNo.2-cum-complainant.

It is no more res integra that the offence U/S.138 of the NI Act is compoundable in nature as stated in Sec. 147 of the NI Act and, thereby, according permission to compromise is permissible. Further, not only the petitioner and OP No.2 are present in the Court, but also have signed on the compromise petition and they expressed their satisfaction over compromise in the matter without any coercion. In the fitness of things and taking into account the compromise petition filed by both the parties and they being present in person being identified by their respective counsels have expressed their satisfaction over the compromise and taking into account the positive attitude of the parties in coming forward to close the litigation, this Court considers it in the interest of justice to allow the parties to compromise the case and, accordingly, the offence is compounded.

In the result, the Criminal Revision stands allowed and the conviction and sentence of the revision-petitioner are hereby set-aside. Consequently, Annexures-2 and 3 are hereby quashed and set-aside and the revision-petitioner is acquitted of the charge.

As a necessary corollary, the learned convicting Court is, hereby, requested to release the compensation amount of Rs.50,000/- as deposited by the revision-petitioner earlier along with the accrued interest  thereon  in  favour  of  the  OPNo.2-cum- complainant.

...... ....………………………….