Present:

Mr. Justice Mamnoon Rahman

12.03.2024                       Mr. Azimuddin Patwary, Adv. 

...For the petitioner-appellant.

 Ms. Afroza Sultana, Adv.

        …For the complainant-opposite party 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 compromise petition as evident in Annexure-X.

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 deed of agreement as evident in Annexure-X 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  20.08.2019  passed  by  the  court below is hereby set aside.

The respondent-opposite party No. 2 is at liberty to withdraw the money 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:)