Present:

Mr. Justice Mamnoon Rahman

13.03.2024                       Mr. Mahbuba Akter Roly, Adv. 

...For the petitioner-appellant.

 Mr. Md. Monirul Islam, 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 petitioner-appellant  as  well  as  complainant-opposite party No. 2 and perused the application for compromise.

It appears that the instant revision was preferred by  the  convict-appellant-petitioner  challenging  the judgment and order of conviction and sentence passed by  the  trial  court  and  subsequently  affirmed  by  the appellate court 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 rule be disposed of in terms of the application for compromise. The judgment and order of conviction and sentence dated 18.05.2022 passed by the court below is hereby set aside.

The respondent-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:)