Sri Pulin Datta v. Sri Satyanarayan Baraj and Anr

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

Crl. Rev. P. No.23 of 2021

Sri Pulin Datta .....Petitioner

_V_E_R_S_U_S_

Sri Satyanarayan Baraj and Another .....Respondents

For Petitioner(s) : Mr. D. K. Daschoudhury, Advocate. For Respondent(s) : Mr. R. G. Chakraborty, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

_O_ R_ D_ E_ R_ 04/07/2023

Heard Mr. D. K. Daschoudhury, learned counsel appearing for the petitioner and Mr. R. G. Chakraborty, learned counsel appearing for the respondents.

Today, when the matter is called, learned counsel appearing for the parties have submitted that the matter is resolved by an amicable settlement between the parties. As such, for the purpose of convenience, the terms of the settlement is reproduced hereunder: ".....3. That, on 02.12.2022 and on 01.06.2023 the complainant (respondent 1) on one part and the petitioner on the other, at the mediation of their respective counsel and after having conciliation between the parties, with free will and voluntarily, decided to settle finally the dispute between them arose out of the subject matter of this criminal revision petition on composition on the following terms and conditions:

(1) That, the petitioner Sri Pulin Datta shall pay a total sum of Rs.3,80,000/- (Rupees three lakh eighty thousand only) to complainant-respondent 1 Sri Satya Narayan Baraj as final satisfaction of the claim of the latter.

(2) The sum of Rs.2,00,000/- (Rupees two lakh only) was paid in cash to the complainant Sri Satya Narayan Baraj before the Hon'ble High Court on

31.03.2023.

(3) That, in the meantime, a sum of Rs.1,00,000/- (Rupees one lakh only) has been deposited by the petitioner in the court of learned Chief Judicial Magistrate, District Gomati, Udaipur as security as per direction of Hon'ble High Court of Tripura. The said amount has been paid to the complainant Sri Satya Narayan Baraj by learned CJM, Gomati, Udaipur as per instruction of Hon'ble High Court as an installment of the total sum of Rs.3,80,000/-.

(4) An amount of Rs.70,000/- (Rupees Seventy thousand only) was paid in cash to the claimant Sri Satya Narayan Baraj on 01.06.2023 before the Hon'ble High Court.

(5) The rest amount of Rs.10,000/- (Rupees ten thousand only) is paid on

30.06.2023 by the petitioner directly to the respondent 1-Sri Satya Narayan Baraj receipt of which is acknowledged by the latter.

In view of the settlement arrived at between the parties, it is prayed that Hon'ble High Court would be gracious enough to acquit the petitioner of the charge offence punishable under Section-138 of the NI Act, 1881 and thereby oblige."

In view of the settlement arrived at between the parties which is also placed on record, the present criminal revision petition is disposed of on the above terms and conditions. The terms and conditions of the compromise shall form a part of this order.

Thus, the criminal proceedings are accordingly quashed and the accused-person is set free from the charges framed against him.

JUDGE

A. Ghosh ANJAN GHOSH by ANJAN GHOSH Date: 2023.07.05 16:58:48 +05'30'