Himangshu Hazra Vs State of West Bengal & Anr. — Cheque Dishonour | Calcutta HC (2024)

Himangshu Hazra Vs State of West Bengal & Anr. — Cheque Dishonour | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Conviction and sentence passed by the learned M.M., 13th Court, Calcutta in T.R. 1778/2007 (Case No. C-23644/2007) set aside; petitioner Himangshu Hazra acquitted accordingly and set at liberty; C.R.R. 1525 of 2011 and CRAN 2 of 2011 (Old CRAN 2312 of 2011) disposed of.

Issue for consideration

Whether, in view of the compromise/settlement reached between the petitioner and the opposite party no. 2/Bank, the offence punishable under the N.I. Act for which the petitioner stood convicted and sentenced could be compounded, thereby setting aside the conviction and sentence and acquitting the petitioner.

Court's answer

Notwithstanding anything contained in the Cr. P.C., every offence punishable under the N.I. Act shall be compoundable (Section 147 of the N.I. Act).

Ratio / Principle

The High Court or Court of Sessions, while exercising its powers of revision under Section 401 Cr. P.C., may allow any person to compound an offence which such person is competent to compound under Section 320(6) Cr.P.C.

Key takeaways

When composition of an offence is made, it has the effect of an acquittal of the accused with whom the offence has been compounded (Section 320(8) of Cr.P.C.).ratio¶13
In view of the compromise reached between the petitioner and the opposite party no. 2/Bank (settlement amount of Rs.44,000/- accepted, loan account closed, No Dues Certificate dated 06.02.2024 issued), the conviction and sentence passed by the learned M.M., 13th Court, Calcutta in T.R. 1778/2007 in Case No. C-23644/2007, which had survived dismissal of Criminal Appeal No. 59 of 2010, are set aside; the petitioner Himangshu Hazra is acquitted accordingly and set at liberty.ratio¶14

Detailed headnote1 paragraphs

Criminal revision C.R.R. 1525 of 2011 (with CRAN 2 of 2011, Old CRAN 2312 of 2011) concerning Himangshu Hazra, who had been sentenced by the learned M.M., 13th Court, Calcutta in T.R. 1778/2007 (Case No. C-23644/2007) to 15 days' simple imprisonment and a fine of Rs. 5,000/- as compensation to the complainant, and whose Criminal Appeal No. 59 of 2010 before the learned Additional District & Sessions Judge, FTC No. II, Bichar Bhawan, Calcutta was dismissed by judgment and order dated 11th April, 2011. During the course of revision, the opposite party no. 2/Bank filed an affidavit recording that the disputes between the petitioner and the bank had been settled on the basis of a proposal dated 11.03.2016, whereby the settlement amount of Rs.44,000/- was accepted by the bank and the loan account was closed from being operative, and that a No Dues Certificate dated 06.02.2024 had been issued in favour of the petitioner. Observing that every offence punishable under the N.I. Act is compoundable notwithstanding the Cr. P.C. (Section 147, N.I. Act), and that under Sections 320(6) and 320(8) Cr.P.C. the High Court exercising revision powers under Section 401 Cr. P.C. may permit compounding by a competent person, such composition having the effect of an acquittal, the Court (decision dated 04.03.2024, Ananya Bandyopadhyay, J.) set aside the conviction and sentence, acquitted the petitioner and set him at liberty, disposing of the revisional application.

04.03.2024

12 Ct. No. 33 gd/ssd/cm

C.R.R. 1525 of 2011 CRAN 2 of 2011 (Old CRAN 2312 of 2011)

In Re. Himangshu Hazra

... for the petitioner

Mr. Dipyan Dan Mr. Sombit Das Mr. D. Chakraborty ... for the petitioner Mr. Soni Ojha Md. Minhajuddin ... for the O.P. No. 2

The instant revisional application has been preferred against judgment and order dated 11^th April, 2011 passed by the learned Additional District & Sessions Judge, FTC No. II, Bichar Bhawan, Calcutta in Criminal Appeal bearing number 59 of 2010 arising out of impugned judgment passed by learned M.M. 13^th Court, Calcutta in T.R. 1778/2007 in Case No. C- 23644/2007 and thereby sentencing the accused/appellant to suffer simple imprisonment for 15 days and to pay a fine of Rs. 5,000/- as compensation to the complainant.

The learned advocate for the opposite party no. 2/Bank has filed an affidavit stating in Paragraph 3 that the disputes between the petitioner and the bank have been settled on the basis of a proposal dated 11.03.2016 whereby the settlement

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amount of Rs.44,000/- has been accepted by the bank and the loan account has been closed from being operative.

The opposite party no. 2/Bank issued No Dues Certificate dated 06.02.2024 in favour of the petitioner. Let the said affidavit be kept on record.

According to Section 147 of the N.I. Act notwithstanding anything contained in the Cr. P.C., every offence punishable under N.I. Act shall be compoundable.

According to Section 320(6) Cr.P.C., the High Court or Court of Sessions while exercising its powers of revision under Section 401 Cr. P.C. may allow any person to compound any offence, which such person is competent to compound under this Section. When the composition of offence under Section is made, it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) of Cr.P.C.

In view of the compromise, the conviction and sentence passed by the learned M.M., 13^th Court, Calcutta in T.R. 1778/2007 in Case No. C-23644/2007 which was dismissed by the learned Additional District & Sessions Judge,, FTC No. II, Bichar Bhawan, Calcutta in Criminal Appeal No. 59 of 2010 are set aside. The petitioner i.e. Himangshu Hazra is acquitted accordingly and set at liberty.

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This criminal revision application being CRR 1525 of 2011 along with CRAN 2 of 2011 (Old CRAN 2312 of 2011) are disposed of.

The representative of the opposite party no. 2/Bank is present. His personal appearance is noted and dispensed with.

All parties shall act on the server copy of this judgment duly downloaded from the official website of this court.

(Ananya Bandyopadhyay, J.)