Biswajit Panda vs State Of Odisha And Another … Opposite … on 17 April, 2025

Orissa High Court

Biswajit Panda vs State Of Odisha And Another … Opposite … on 17 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLREV No.519 of 2022

   (In the matter of application under Section 397 read
   with Section 401 of Criminal Procedure Code).

   Biswajit Panda                        ...           Petitioner
                             -versus-

   State of Odisha and another ...              Opposite Parties

   For Petitioner             : Mr. H.K. Mohanta,
                                Advocate

   For Opposite Parties       : Mr. S.K. Rout, Addl. PP
                                Mr. J.K. Mohapatra,
                                Advocate (OP-2)
       CORAM:
                    JUSTICE G. SATAPATHY

  F DATE OF HEARING & JUDGMENT:17.04.2025(ORAL)

G. Satapathy, J.

1. The revision-petitioner by way of this

revision U/Ss.397/401 of the Code of Criminal

Procedure (in short, “the CrPC) has not only assailed

the original judgment dated 09.03.2011 passed by the

learned Special Judicial Magistrate, First Class, Bhadrak

in 1CC Case No.130 of 2007 under Annexure-2

convicting him for commission of offence punishable

U/S.138 of Negotiable Instrument Act (in short, “the NI

CRLREV No.519 of 2022 Page 1 of 5
Act”) and sentencing him to undergo Simple

Imprisonment for a period of three months with

payment of compensation of Rs.99,000/- (Rupees

Ninety nine Thousand) to the complainant; but also the

judgment dated 21.06.2022 passed by the learned

Additional Sessions Judge, Bhadrak in Criminal Appeal

No.11 of 2011 under Annexure-3 confirming the

aforesaid conviction and sentence of the petitioner.

2. While admitting the revision, this Court by

way of an order passed on 20.01.2023 in IA No.800 of

2022 had stayed the realization of fine/compensation

from the revision petitioner subject to his deposit of

Rs.50,000/- (Rupees Fifty Thousand) before the learned

convicting Court and the petitioner, accordingly, had

deposited a sum of Rs.50,000/- (Rupees Fifty

Thousand) before the learned convicting Court as

admitted in the compromise petition. Further, the

revision-petitioner has handed over a Demand Draft

bearing Registration No.756211103 amounting to

Rs.49,000/- (Rupees Fourty Nine Thousand) to the

OPNo.2-cum-complainant in the Court today and,

CRLREV No.519 of 2022 Page 2 of 5
accordingly, the OPNo.2-cum-complainant

acknowledges the same by endorsing in the

compromise petition to have received the Demand

Draft. While the matter stood thus, the petitioner and

OPNo.2-cum-complainant being identified by their

respective counsels are present before this Court with a

joint compromise petition indicating therein about

compromise in the matter and not to proceed with the

case. It is, accordingly, prayed by the parties to allow

the compromise. In addition, learned counsel for the

petitioner has filed a petition to direct the learned trial

Court to release the total deposited compensation

amount along with accrued interest thereon to the

petitioner within a stipulated time, which was never

resisted to by the OPNo.2-cum-complainant.

3. It is no more res integra that the offence

U/S.138 of the NI Act is compoundable in nature as

stated in Sec. 147 of the NI Act and, thereby, according

permission to compromise is permissible. Further, not

only the petitioner and OP No.2 are present in the

Court, but also have signed on the compromise petition

CRLREV No.519 of 2022 Page 3 of 5
and they expressed their satisfaction over compromise

in the matter without any coercion. In the fitness of

things and taking into account the compromise petition

filed by both the parties and they being present in

person being identified by their respective counsels

have expressed their satisfaction over the compromise

and taking into account the positive attitude of the

parties in coming forward to close the litigation, this

Court considers it in the interest of justice to allow the

parties to compromise the case and, accordingly, the

offence is compounded.

4. In the result, the Criminal Revision stands

allowed and the conviction and sentence of the

revision-petitioner are hereby set-aside. Consequently,

Annexures-2 and 3 are hereby quashed and set-aside

and the revision-petitioner is acquitted of the charge.

As a necessary corollary, the learned

convicting Court is, hereby, requested to release the

compensation amount of Rs.50,000/- as deposited by

the revision-petitioner earlier along with the accrued

CRLREV No.519 of 2022 Page 4 of 5
interest thereon in favour of the OPNo.2-cum-

complainant.

(G. Satapathy)
Judge

Orissa High Court, Cuttack,
Dated the 17th day of April, 2025/Subhasmita

Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 21-Apr-2025 10:45:02 CRLREV No.519 of 2022 Page 5 of 5