Calcutta High CourtCRR/10/2024disposed

S.Pandi Kumaran And ANR v. The State

2024-01-18Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/10/2024 Shri. S. Pandi Kumaran & Another ...Joint Applicants Vs.

The State ... Proforma Opposite Party Mr. Deep Chaim Kabir Mr. V.D Sivabalan ... for the Applicant No.1 Mr. Alokesh Sarkar ... for the Applicant No.2 Ms. A.S. Zinu .... for the State January 18, 2024 [M.A.Mobin] Item No.4 Pursuant to the earlier direction dated 10th January, 2024 a report has been submitted by the learned Advocate appearing on behalf of the State which is prepared by the Inspector being the Station House Officer, Aberdeen Police Station. The said report is enclosed with a communication made by Smt. E. Pushpa who is the complainant of CR Case No.184 of 2012, a proceeding under Section 138 of the Negotiable Instrument Act. The report as well as the enclosure reflects that the complainant has received the amount of Rs.

9 lakhs as was claimed in the Revisional application filed by the applicants and consented by the complainant so far as the issues which are involved. Since compromise has already been effected between the parties and the offence is under Negotiable Instrument Act which are compoundable in nature, I am of the opinion that the judgement and order dated 28.3.

Magistrate, Port Blair in CR Case No.184 of 2012 and affirmed by the learned Sessions Judge, Port Blair, Andaman & Nicobar Islands in Criminal Appeal No.5 of 2016 vide his order dated 07.02.2019 is hereby quashed.

All consequential orders so passed which would touch the liberty of the Accused/Petitioner would be deemed also to be quashed in view of the settlement arrived at between the parties. Accordingly, CRR 10 of 2024 is allowed.

Report submitted by Ms. Zinu, learned Advocate appearing for the State be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

[Tirthankar Ghosh, J.]