Brij Mohan @ Brij Mohan Kharkia v. Krisna Kumar Khemka & ANR.

25.03.2026 Item no.86(DL) Court No.14 srm

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION CRR 1980 of 2011 With CRAN 1 of 2025 Brij Mohan @ Brij Mohan Kharkia VS Krishna Kumar KHemka & Anr.

Mr. Narayan Prasad Agarwala, Ms. Nandini Majumder nee Banerjee ..... for the Petitioner.

Ms. Nipa Mullick ...for the Opposite Party No.1.

1.

Perused the report of the learned Registrar General, High Court Calcutta dated 24th March, 2026.

2.

In view of the guidelines of the Hon'ble Supreme Court in Damodar S. Prabhu versus Sayed Babalal H. reported in (2010) 5 SCC 663, following direction was issued on 11th March 2026 by this Court.

9. Bearing in mind the aforesaid guidelines of Hon'ble Supreme Court, petitioner is directed to deposit the remaining amount of Rs.20,000/- before the learned Registrar General of this Hon'ble Court within a period of two weeks from date.

10. the cost of compounding of offence of Rs. 3,000/(i.e. 15% of the cheque amount) be deposited by the petitioner before State Legal Services Authority, within two weeks from date.

3.

It appears from the above report that the petitioner has complied the order of this Court dated 11th March, 2026 by depositing Rs.20,000/- before the Registry of this Court vide O.D. Challan No.1564(A) dated 18th March, 2026 as well as Rs.3,000/- before the State Legal Services

Authority, West Bengal vide Receipt No.167 dated 18th March, 2026.

4.

As the matter has been amicably settled and compromised by and between the parties upon payment of the compensation amount and the cost of compunding, the impugned judgment and order dated 21st March, 2011 passed by the learned Additional District and Sessions Judge, 9th Fast Track Court, Bichar Bhawan, Calcutta in Criminal Revision Case No.169 of 2010 as well as the order of conviction dated 24th February, 2010 passed by the learned Metropolitan Magistrate, 13th Court, Calcutta in Complaint Case No.C/7641/2005 is set aside on compounding of the offence.

5.

Liberty is granted to the opposite party no.1-complainant to withdraw the amount, deposited before the Registry of this Court by the petitioner towards compensation amount.

6.

Accordingly CRR 1980 of 2011 as well as CRAN 1 of 2025 stands disposed of.

7.

Let a copy of this be order be sent to the learned Registrar General, High Court, Calcutta, for information. 8.

Let a copy of this order be also sent to the learned Trial Court as well as learned Appellate Court for information. 9.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

10.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities (Bivas Pattanayak, J.)