- (1.) THE application being CRAN 1721 of 2015 has been filed jointly by the petitioners in CRR No. 1520 of 2014 and the Opposite Party No. 2 who was the complainant in the original Complaint Case No. 4992/2005 of the 2nd Court of the Ld. Judicial Magistrate at Alipore. The petitioners were convicted of the offence U/S 138 of NI Act, and awarded punishment. They filed their Appeal against such Judgment of conviction being Criminal Appeal No. 7 of 2010 which was however dismissed for default by the Appellate Court on 27.02.2012.
(2.) THEY subsequently preferred the CRR No. 1520 of 2014 challenging such dismissal.
(3.) HOWEVER during pendency of the proceedings they have amicably compromised their dispute with the Opposite Parties/Complainant and therefore have prayed for setting aside their conviction in the complaint case. It may be noted here that the petitioners have prayed for permission that the parties may compound the offence under Section 138 of the N.I. Act, after having already being convicted of the same. Ideally any offence is best compounded during pendency of proceedings in the Trial Court. In the present case however, not only the Trial had already been completed, but even the appeal preferred against the judgment of conviction had also been dismissed by the Appellate Court, on account of which the status of petitioners at the time of filing of the instant Revisional application was already that of convicts.;