Shri Mustaquim Hayat Singh v. The Central Cooperative Welfare Society Ltd. And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] CRR/23/2023 IA NO. CRAN/1/2023 Shri Mustaquim Hayat Singh Vs.

The Central Cooperative Welfare Society Ltd and another Mr. D. Ilango ... for the petitioners Mrs. Shipra Mondal ... for the respondents/OPs.

October 18, 2023 [SR] Item No.3 Re: CRAN/1/2023 Heard learned counsels for the parties.

Good grounds being made out by the petitioner, the application, being CRAN/1/2023, is allowed. The delay in filing the revisional application is condoned.

Re: CRR/23/2023 By a judgment of the Judicial Magistrate, First Class, Additional Court, Port Blair on 29th December, 2014, the revisionist was found guilty of offence punishable under section 138 of the Negotiable Instruments Act and was sentenced to suffer simple imprisonment for a period of six months and pay compensation to the tune of Rs.37.00 lakhs to the complainant, in default, to undergo simple imprisonment for another six months.

The judgment was carried in appeal by the revisionist and by a judgment passed on 30th June, 2016, in Criminal Appeal No.2 of 2015, the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair dismissed the appeal.

In the revisional application, the revisionist submits that the entire due amount has been paid to the opposite parties by the revisionist on 26th September, 2022.

Learned counsel for the opposite parties concedes to the submission of the revisionist.

Learned counsel for the opposite parties submits that the opposite parties have no further allegation/claim against the revisionist.

In view of the above, the revisional application being CRR/23/2023 is allowed.

The judgments passed by the learned Judicial Magistrate First Class, Additional Court, Port Blair in C.R.No.02 of 2013 on 29th December, 2014 and the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in CRA No.02 of 2015 on 30th June, 2015 are set aside.

The revisionist is acquitted from the offence under section 138 of Negotiable Instruments Act. The revisionist be released at once. Warrant of arrest, if any, be recalled. The revisionist be discharged from the bail bond.

Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities. ( Suvra Ghosh, J. )