Shri Sukhen Das v. The State of Tripura and Anr

Order

18.03.2026

Learned Counsel, Mr. K. Deb along with Learned Counsel, Mr. D. Saha is present for the petitioner.

Learned Counsel for the respondent, Mr. M. Dey is present.

Learned P.P., Mr. Raju Datta is present for the respondent No.1.

Both the contesting parties of this revision petition have filed one I.A. stating that the subject matter of dispute has

been amicably settled and the petitioner has satisfied the entire defaulted amount to the respondent No.2 and as such they are not willing to proceed further in this case.

Learned P.P. fairly submitted that in view of the provision of Section 147 of N.I. Act, there is scope for composition of offence punishable under the N.I. Act. The present petitioner was convicted under Section 138 of N.I. Act and he was sentenced to undergo S.I. for one year and to pay fine of Rs.8,50,000/-(eight lakhs fifty thousand only) by Learned CJM, Sepahijala District, Sonamura in connection with case No.CR (NI) 12 of 2018 which has been affirmed in appeal by Learned Sessions Judge, Sepahijala District, Sonamura in Criminal Appeal No.01 of 2024 and challenging the legality and impropriety of the order, this revision petition is filed by the petitioner.

Heard Learned Counsel of both the sides and also perused the record of the Learned Trial Court. Also I have gone through the provision of erstwhile Section 320 of Cr.P.C. Sub-Section (8) of Section 320 of Cr.P.C. provides that a composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Here in the case at hand since the subject matter of dispute has been amicably settled among the rival parties and the respondent-complainant has been satisfied with the amount paid by the petitioner-accused and accordingly, on the ground of composition of offence this revision petition stands disposed of. The petitioner-accused is hereby acquitted from the charge

punishable under Section 138 of N.I. Act and accordingly, the judgment passed by Learned CJM, Sepahijala District, Sonamura on 11.12.2023 in CR (NI) 12 of 2018 which has been later on affirmed in Criminal Appeal No. 01 of 2024 accordingly stands set aside.

Send down the record to the Learned Trial Court along with a copy of this order.

Also supply a copy of this order to the Learned Counsel for the petitioner for information.

Accordingly, this revision petition stands disposed of.

Pending I.A. accordingly stands disposed of.

JUDGE

Purnita PURNITA DEB Date: 2026.03.23 13:48:48 +05'30'

HIGH COURT OF TRIPURA AGARTALA Crl.Rev.P.No.20 of 2026 Shri Sukhen Das (Aged 51 years) S/o- Late Nani Gopal Das Village- Padmadhepa, Melaghar, PO & PS- Melaghar, Dist.-Sepahijala, Tripura, Pin- 799115 ---- Petitioner(s) Versus 1. The State of Tripura 2. Chhotan Saha S/o- Lt. Priyalal Saha Resident of Melaghar Rajghat, PO & PS- Melaghar, Dist.-Sepahijala. Pin- 799115 ----Respondent(s) For Petitioner(s) : Mr. Kushal Deb, Adv, Mr. Dhrubajyoti Saha, Adv. For Respondent(s) : Mr. Monoswaee Dey, Adv, Mr. Raju Datta, P.P. HON'BLE MR. JUSTICE BISWAJIT PALIT