Mr. J. Bhattacharjee v. Mr. Biplab Debnath

: Mr. T.D. Majumder, Sr. Advocate. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER

20.05.2022 Heard Mr. T.D. Majumder, learned senior counsel along with Mr. J. Bhattacharjee and S. Ghosh, learned counsels appears for the petitioner as well as Mr. R. Datta, learned public prosecutor along with Mr. Biplab Debnath, learned counsel appears for the respondents. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 for permitting the convict petitioner to compound the offence committed by the convict petitioner under Section 138 of the Negotiable Instrument Act, 1981 in Cr.(NI) 01 of 2016, confirmed by the Addl. Sessions Judge, Gomati Tripura Crl. App. No. 08(01) of 2017 and affirmed by the High Court in Crl. Rev. P. 83 of 2017 and quash the conviction and sentence awarded to the petitioner. The brief facts of the case is that the petitioner approached this court for invoking the jurisdiction under Section 482 of Cr.P.C. for permitting him to compound the case on his post-conviction compromise for maintaining peace and tranquility among them so that he could lead a modest life with his family.

The petitioner arrived at a compromise by executing deed of agreement by which the debtor did not want sentence of the petitioner to suffer one year R.I. So, both sought permission of the Hon’ble Court to go for compounding the offence on receipt of Rs. 3 lakhs from the petitioner. This petition has been filed seeking to consider the case of the petitioner for compromise between both the parties. The complainant is not interested to proceed with the matter, in so far as, the conviction of the accused person is concerned. Originally, the conviction order for dishonor of cheque has been passed and, thereafter, revision has been preferred. In revision, this court has confirmed the order and dismissed the revision. Now, at this juncture, under Section 482 of Cr.P.C. this present petition is filed. Heard both sides. When there is a specific provision under the Code of Criminal Procedure, wherein, the revision has been entertained and order on merits have been passed after hearing both sides, the present application under Section 482 Cr.P.C., which is an inherent power cannot be invoked.

It is needless to observe that the power under Section 482 Cr.P.C. is exceptional case, where, when there is no express provision, this inherent power needs to be invoked. Since, the revision has been decided on merits and nothing survives, the remedies are available to the petitioner elsewhere, but, not under Section 482 of Cr.P.C. Hence, this instant Criminal Petition is dismissed. However, the petitioner is at liberty to avail remedies under the law. With the above observation, this Criminal Petition stands dismissed. JUDGE Rahul