Present:

Mr. Justice Mamnoon Rahman

07.02.2024                       Mr. Md. Firoz Kobir, Adv. 

...For the petitioner-appellant.

 Mr. Nasir Ahmed, Adv.

        …For the complainant-Respondent No. 2

Mr. Md. Taifoor Kabir, DAG with Mr. Md. Lokman Hossain, AAG Mr. Md. Hatem Ali, AAG

                    .....For the State.

The  parties  have  filed  joint  application  for compromise on the ground that they settled the matter amicably.

I have heard the learned Advocates for the parties and perused the application together with the photocopy of the Deed of Compromise as evident in Annexure-1.

It appears that the instant appeal was preferred by the  convict-appellant-petitioner  challenging  the judgment and order of conviction and sentence passed by the court below in a proceeding relates to Section 138 of the Negotiable Instruments Act, 1881.

It further appears that both the parties intend to amicable  settlement  the  matter  and  executed  a photocopy  of  the  deed  of  agreement  as  evident  in Annexure-1 of the application for compromise. Since the parties agreed to settle the matter amicably, I am inclined to allow the application.

Accordingly,  the  instant  application  is  allowed and the appeal be disposed of in terms of the application for compromise. The judgment and order of conviction and sentence dated 14.01.2018 passed by the court below is hereby set aside.

The complainant-opposite party No. 2 is at liberty to withdraw the money from the court below as deposited by the convict-appellant-petitioner forthwith.

Send down the L.C. Records, if any, to the concerned court below with a copy of this order at once.

(Mamnoon Rahman,J:)