Vishal Sangram vs Yogesh Vishwakarma
2021 Latest Caselaw 3313 Chatt

                                       1

                                                                     NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRR No. 267 of 2019

    Vishal Sangram, S/o Late Laju Sangram, aged about 27 Years, R/o
     A/229 S. E. C. L. Vasant Vihar Colony, Sarkanda, Police Station
     Sarkanda, District Bilapsur, Chhattisgarh.

                                                               ---- Applicant

                                   Versus

    Yogesh Vishwakarma, S/o Amritlal Vishwakarma, aged about 32
      Years, R/o Surya Chowk Chingrajpara, Police Station Sarkanda,
      Police Station Sarkanda, District Bilapsur, Chhattisgarh.

                                                            ---- Respondent

For Applicant Shri Lavkush Kumar Sahu with Shri Pradeep Kumar Jogi, Advocates.

For Respondent Shri Krishna Kumar Khatri, Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board

25/11/2021

1. Heard on admission.

2. The revision petition is admitted for hearing.

3. Also heard on I.A. No.01/2021 & I.A. No.02/2021, applications for

compromise filed by the parties.

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

against the judgment dated 15.02.2019 passed by the Additional

Sessions Judge, Bilaspur, C.G. in Criminal Appeal No.276/2018

affirming the judgment dated 31st October, 2018 of Judicial Magistrate

First Class, Bilaspur, C.G. in Complaint Case No.7480/2014 convicting

the applicant under Section 138 of NI Act and sentencing him to

undergo S.I. for six months and pay a compensation of Rs.1,50,000/-

to the complainant under Section 357(3) of Cr.P.C.

5. Both the applicant and respondent are present in person. They are

duly identified by their respective counsel.

6. Learned counsel for the applicants submit that the parties have

amicably settled their dispute outside the Court and have entered into

an agreement/compromise without any pressure and coercion and as

such the applicant is not willing to prosecute this revision.

7. Learned counsel for the respondent also submits that the parties have

entered into amicable settlement and the amount deposited by the

applicant of Rs.1,50,000/- has been received by the respondent.

8. On being asked, the applicant and the respondent confirm the fact

regarding settlement of dispute between them and receipt of the

amount of Rs.1,50,000/- by the respondent.

9. In view of above, both the I.A. Nos.01/2021 & 02/2021, applications

for compromise are allowed. Consequently, the offence under Section

138 of the NI Act stands compounded which shall have the effect of

acquittal of applicant of the said charge.

10. With the aforesaid observations, the instant criminal revision stands

disposed of.

Sd/-

Gautam Chourdiya Judge

Akhilesh