In The Matter of Dilip Adhikary vs Basanta Nath

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1463

SUBHENDU SAMANTA
In The Matter of Dilip Adhikary – Appellant
Versus
Basanta Nath – Respondent

Advocates Appeared:
For the Petitioner: Mr. Avijeet Adhya, Mr. Bikash Choudhury, Mr. Debabrata Ray, Mr. Soura Sarkar.
For the Opposite Party : Mr. Achin Jana, Mr. Suman Chakraborty, Mr. Prasenjit Ghosh.

Table of Content
1. criminal revisions filed under section 141. (Para 1 , 2)
2. arguments for and against compounding offences. (Para 3 , 4 , 5 , 6)
3. guidelines and principle of compounding under ni act. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. judgment dismissal and directives on sentence. (Para 13 , 14 , 15 , 16 , 17 , 18)

JUDGMENT :

(Subhendu Samanta, J.)

Both the criminal revisions have preferred u/s 141 of the Code of Criminal Procedure against two order and judgments dated 12th October 2018 passed by the Learned Additional Sessions Judge, Fast Track 2nd Court Howrah in criminal appeal No.53 of 2016 and 149 of 2015 respectively by upholding and modifying the order of conviction and sentence passed by the Judicial Magistrate sentencing the present petitioner to suffer punishment till rising of the court and directed to pay compensation amounting to Rs.1,20,000/-(One Lakh twenty thousand only) and Rs.6,80,000/-(Six Lakh eighty thousand only), respectively with a direction to surrender within 30 days.

2. The brief fact of the case is that the present opposite party lodged a written complaint before the Learned Judicial Magistrate, Howrah u/s 138 of the Negotiable Instrument Act (NI Act) ag