Present :

     Mr. Justice Ashish Ranjan Das.

 Criminal Revision No. 1991 of 2021

In the matter of:

Md. Suman

                       .....            Petitioner

         -Versus-

The State and another

               .........     Opposite parties. Mr. Suruzzaman, Advocate

                         .....For the petitioner Mr. Mahfuzur Rahman, Advocate

               ….. Opposite party No.2 Mr.  Fazlur  Rahman  Khan,  D.A.G with

Mr. Kazi Eliasur Rahman, A.A.G. and  Ms. Tahmina Sultana, A.A.G

              ... For the State Heard and Judgment on: 16.03.2023

Ashish Ranjan Das, J:

Learned  Joint  Sessions  Judge,  1st  Court, Mymensingh  by  her  judgment  dated  12.02.2020 passed in Sessions Case No.241 of 2019 arising out of Case No. C.R. 765 of 2018 (Kotwali) convicted the  accused  petitioner under section  138  of  the

Negotiable Instruments Act of 1881 and sentenced him to suffer simple imprisonment for 1(one) year followed   by  a fine  of  Tk.2,00,000,00/- that  is double of the chaque amount.

The petitioner preferred appeal being Criminal Appeal No. 239 of 2020 before the learned Sessions Judge, Mymensingh and the latter by his judgment dated  17.01.2021  dismissed  the  appeal,  however reduced the amount of fine to Tk. 1,01,00,000/- only. Being  further  aggrieved  the  convict-petitioner preferred this criminal revisional application.

At this stage both the parties pray before the court  so  that  the  rule  may  be  made  absolute  on compromise in terms of the application that has been made  a  part  of  the  record.  Their  case  is  that  the  lender i.e. drawee of the cheque has by this time already received  the cheque amount i.e. the amount fixed by the lower appellate court of Tk.1,00,000,00/- and since the fraction of amount of Tk. 1,00,000/- as fine was not awarded to the State, the  application of compromise  may  be accepted and  the  criminal revisional application be allowed accordingly.

I find  none to  object and  no  ground  to disagree, since  the  fraction   of  amount of  Tk. 1,00,000/- as fine was not awarded in favour of the State and the remaining amount of Tk.1(One) Crore i.e. the cheque amount where the financial dispute between  the  parties  and  they  have  already compromised upon   payment and  received  the amount.

Accordingly, the rule is made absolute in terms of  compromise  application.  The  judgment  and conviction  dated  17.01.2021  passed  in  Criminal Appeal No. 239 of 2020 passed by the learned Joint Sessions Judge, 1st Court, Mymensingh is hereby set aside.

The  lender  opposite  party  may  withdraw  the amount in deposit.

Communicate the judgment and L.C. records to the courts below.

(Justice Ashish Ranjan Das)

Bashar B.O