Harshad Himmatlal Rupani v. State Of West Bengal & ANR

20.01.2022 Sl. No. 1 Court No.40 BM CRR 530 of 2018 + I.A No. CRAN/1/2018 (Old No.: CRAN/2451/2018) + I.A No. CRAN/3/2020 (Old No.: CRAN/821/2020) M/s. Harshad Himmatlal Rupani Vs.

State of West Bengal & Anr.

(Via Video Conference) Mr. Satadru Lahiri Mr. Manish Dogar Mr. Safadar Azam ... for the petitioner Mr. Anirban Dutta ... for the Opposite Party Present revisional application arises out of a judgement and order dated November 23, 2017 passed by the learned Additional District & Sessions Judge, 2nd Bench, City Sessions Court, Calcutta whereby the learned Session Judge upheld the judgment and order of conviction and compensation dated March 4, 2013 passed by the learned Magistrate arising out of a complaint case under Section 138 of the Negotiable Instruments Act, 1881.

It has been submitted by the learned advocate for the petitioner and also for the opposite party that the dispute between the parties have been settled after the order of conviction was passed. A sum of Rs.1 crore has been paid by the petitioner to the complainant in connection with this case and four other similar cases.

In view of the aforesaid settlement and the compoundable nature of the offence involved, this revisional application is disposed of by setting aside the order dated March 4, 2013 passed by the learned Metropolitan Magistrate, 4th Court at Calcutta. The petitioner stands acquitted and is discharged from the bail bond furnished before the concerned Magistrate. Revisional Application being CRR No.530 of 2018 and connected application being I.A No.: CRAN/1/2018 (Old No.: CRAN/2451/2018) and I.A No. CRAN/3/2020 (Old No.: CRAN/821/2020) are disposed.

( Kausik Chanda, J.)