- (1.) This application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 has been filed by petitioner challenging order dated 19.05.2014 passed in Criminal Appeal No. 44/2013 by learned Additional District and Sessions Judge, 17th Court, Alipore confirming the judgment and order of conviction and sentence under Section 138 of the Negotiable Instruments Act passed by learned Judicial Magistrate, 8th Court, Alipore in C. Case No. 3063/04 against the petitioner.
(2.) During pendency of this revisional application the petitioner has filed a supplementary affidavit dated 30.09.2015 together with Photostat copy of money receipt in support of his claim that the dispute between petitioner and opposite party no. 2 under Section 138, Negotiable Instruments Act has been amicably settled between them on petitioner's payment of disputed cheque amount with a further sum to the opposite party no. 2. In this case the State of West Bengal as opposite party no. 1 is not interested and so noncontesting.
(3.) The opposite party no. 2 has not challenged the contents of the supplementary affidavit. At the time of hearing learned Advocate for the opposite party no. 2 made such submission.;