Shyam Sunder Mishra vs Smt. Sujata Thakur
2021 Latest Caselaw 3064 Chatt

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                                  Cr.Rev. No. 345 of 2019



                                                                            NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                          Criminal Revision No. 345 of 2019
      Shyam Sundar Mishra aged about 73 years S/o Lt. Ramkumar Mishra,
       Occupation- Retired Employee B.N.C. Mills, R/o Labour Colony, Ward No.-
       17, Rajnandgaon, Tahsil and District Rajnandgaon (C.G.)
                                                      ---- Petitioner/Complainant
                                     Versus
      Smt. Sujata Thakur, Aged about 58 years, W/o Rajesh Thakur, Occupation-
       Government Employee, (Librarian) Kamla Devi Rathi Girls College, Kourin
       Bhata Rajnandgaon, District Rajnandgaon (C.G.)
                                                             ----State/Respondent

For Complainant/Petitioner : Shri Rakesh Kumar Thakur, Advocate For Respondent /State : None

Hon'ble Shri Justice Gautam Chourdiya, J Judgment on Board 09.11.2021

1. The present revision petition under Section 397/401 of Cr.P.C. has been filed

by the petitioner/complainant against the judgment dated 19.11.2018 passed

by the First Additional Sessions Judge, Rajnandgaon (C.G.) in Criminal

Appeal No. 07/2018, whereby the judgment dated 27.01.2018 of Judicial

Magistrate First Class, Rajnandgaon in Criminal Complaint No. 3156/2016

convicting the respondent/accused under Section 138 of the Negotiable

Instrument Act and directing her to pay compensation of Rs.80,000/- to the

petitioner with default sentence of one month S.I., has been modified and

while maintaining conviction under Section 138 of the Negotiable Instrument

Act, jail sentence awarded by the trial Court is set aside and the

respondent/accused is directed to pay sum of Rs.1,60,000/- to the petitioner

with default sentence of one month S.I.. By this revision petition, the

petitioner is seeking enhancement of the sentence to respondent/accused.

2. I.A. No. 01/2021, application for withdrawal of the case and seeking

permission to get the deposited amount.

Cr.Rev. No. 345 of 2019

3. Learned counsel for the petitioner submits that during the pendency of this

revision, the petitioner died on 10.10.2020 which is evident from the death

certificate of the petitioner filed herewith as Annexure-A/1 and his legal heirs

do not want to pursue the case, want to withdraw the case and seek

permission to withdraw the amount deposited by the respondent/accused

with the trial Court.

4. On due consideration, the application I.A. No. 01/2021 is allowed.

5. Accordingly, the revision petition is disposed of as withdrawn. The family

members of the petitioner/complainant are permitted to withdraw the amount

deposited by the respondent/accused in accordance with law.

Sd/-

(Gautam Chourdiya) Judge vatti