Quashed

Avijit Chakraborty v. Kartick Roy

Calcutta HC20 Sept 2022CRR/3317/2012

Case brief

AI extract

What is this about?

The court accepted a compromise between the parties regarding a conviction under Section 138 of the N.I. Act. The petitioner agreed to pay Rs. 90,000, with part paid and the balance deposited. The court directed the release of deposited funds and quashed the conviction order.

What did the court decide?

Conviction order quashed; Rs. 40,000 deposited sum released to respondent; liberty to withdraw granted.

Avijit Chakraborty Vs Kartick Roy — Cheque Dishonour | Calcutta HC (2022)

¶1

20-09-2022 KB Item no.53 Court No. 236.

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with

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IA No.CRAN 1 of 2022

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Sri Avijit Chakraborty -Vs-

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Sri Kartick Roy

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Mr. Devrup Bhattacharjee

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…For the petitioner. Mr. Amit Chaudhury

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Mr. Devrup Bhattacharjee, Learned Counsel representing the convict/petitioner is present together with Mr. Amit Chaudhury, Learned Counsel representing the responent and applicant no.2.

¶9

The order of conviction passed in proceeding under Section 138 of the N.I. Act affirmed by Learned Sessions Judge, Nadia in Criminal Appeal No.6 of 2012 is the subject matter of the Criminal Revision.

¶10

Now the parties have come to a settlement and the petitioner has agreed to pay a sum of Rs.90,000/- out of which a sum of Rs.50,000/- has been paid to the respondent by way of a Demand Draft No. 461824 dated 12^th September, 2022.

¶11

Rs.40,000/- is lying deposited in the 2nd Court of Learned Judicial Magistrate, Krishnagar, Nadia in connection with Complaint Case No. 890 of 2009.

¶12

Liberty is given to the respondent to withdraw the same from the Learned Trial Court.

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The Learned Trial Court is directed to release the said amount deposited by Order of this Court dated 21^st September, 2012. Invoking

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the provision of Sub-section 6 of Section 320 of the Code of Criminal Procedure the compromise arrived at by and between the parties is accepted. Consequently the Judgement and order of conviction by Learned Trial Court and affirmed by the Learned Sessions Judge, Nadia in Criminal Appeal No.6 of 2012, which is the subject matter of the criminal revision, stands quashed.

¶16

The Original Application being IA No. CRAN 1 of 2022 is not available with the record for the reason best known to the department, copy of the application is taken on record.

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All parties to act in terms of server copy of the order downloaded from the official website of this Court.

¶18

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

¶19

(Siddhartha Roy Chowdhury, J)

Avijit Chakraborty v. Kartick Roy

Case brief

What is this about?

What did the court decide?

Avijit Chakraborty v. Kartick Roy

Case brief

What is this about?

What did the court decide?

What the court decided

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