Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
CRA/1/2023 IA NO: CRAN/2/2025
Mumnum Baroi
Vs.
Mohammed Raffique and Another
Mr. Arun S.Kumar
… for the petitioners
Mr. Md.Tabraiz
… for the respondent no.1.
Mr. Sumit Karmakar
… for the respondent no.2 August 8, 2025 [SR] Item No. 16 Re: CRAN/2/2025 The complainant/respondent lodged a complaint against the accused/appellant before the learned Judicial Magistrate First Class, Port Blair under section 138 of the Negotiable Instruments Act, 1881 which was registered as CR case No.128 of 2017. The accused/appellant was acquitted from the charges therein by a judgment delivered on 28th February, 2023. The
judgment was carried in appeal before this Court. By an order passed on 14th July, 2025, this Court reversed the judgment of the learned trial Court and convicted the accused/appellant for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 and sentenced him to suffer simple imprisonment for one year and pay a fine of Rs.15,00,000/, in default to suffer further simple imprisonment for another six months. The present application being CRAN/2/2025 has been filed by the accused/appellant wherein the appellant states that the offence has been compounded by and between the parties under section 147 of the Negotiable Instruments Act, 1881 and
the entire amount has been paid by him to the complainant/respondent.
Learned counsel for the complainant/respondent concedes to the submission made on behalf of the appellant and submits that the entire amount has been received by his client. In view of the above, this Court is inclined to hold that since the offence has been compounded by and between the parties upon payment of the entire amount due, the judgment dated 14th July, 2025 delivered by this Court convicting the accused/appellant is set aside. The accused/ appellant is acquitted from the charges. The accused/appellant be set at liberty once and be discharged from his bail bond. Accordingly, CRAN/2/2025 is disposed of. Urgent photostat certified copy of the order, if applied for, be supplied to the parties, upon compliance of all necessary formalities. ( Suvra Ghosh, J.)