Satish Singh vs Amit Soni
2022 Latest Caselaw 6986 Chatt

                               1

                                                          NAFR

        HIGH COURT OF CHHATTISGARH, BILASPUR

                     CRR No. 659 of 2021

    Satish Singh S/o Jagdish Prasad Singh Aged About 56 Years
     R/o Kamal Colony, P.S. City Kotwali, Baloda Bazar, Distt.-
     Baloda Bazar-Bhatapara (Chhattisgarh)

                                                 ---- Petitioner

                           Versus

    Amit Soni S/o Narottam Soni Aged About 28 Years R/o
     Gaourav Parth Marg, Behind Government Hospital, Baloda
     Bazar, Distt.- Baloda Bazar-Bhatapara (Chhattisgarh)

                                               ---- Respondent

For Petitioner Mr. Ravindra Sharma, Advocate For Respondent Mr. Suresh Kumar Verma, Advocate

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board 21/11/2022

1. This revision is filed against the judgment dated 13.9.2021

passed by the Second Additional Sessions Judge, Baloda-

Bazar (CG) in Criminal Appeal No.89/2018, whereby, the

learned Appellate Court has dismissed the appeal and

affirmed the judgment dated 2.7.2018 passed by the

Judicial Magistrate First Class, Baloda Bazar, District

Balodabazar (CG) in Criminal Case No.105/2017, convicting

the appellant under Section 138 of the Negotiable

Instruments Act and sentenced to undergo RI for 6 months

and also to pay compensation amount of Rs.7,08,000/-, in

case of non-filing of the appeal and in default of payment

of compensation amount, additional imprisonment of one

month.

2. Learned counsel for the applicant would submit that the

parties have amicably settled the matter and they have

also preferred an application (IA No.1/2022) for quashing

of the impugned order passed by the Court below on the

basis of the compromise.

3. Learned counsel for the applicant submits that the

applicant has paid the entire amount of compensation of

Rs.7,08,000/- on 26.9.2022 before the trial Court and the

respondent has also given the acknowledgment of the

same. He submits that presently, there is no dispute

between the parties and the offence is compoundable in

nature as per provisions of Section 138 of the Negotiable

Instruments Act.

4. Considering the application (IA No.1/2022) moved by both

the parties stating that they have amicably settled the

dispute and the entire compensation amount of

Rs.7,08,000/- has been paid by the applicant on 26.9.2022

before the trial Court and the respondent has also given

the acknowledgement of it, the same is allowed.

5. In that view of the matter, the conviction and sentence

awarded to the applicant are set-aside. The applicant is

acquitted of the said charge.

6. Consequently, the revision is allowed.

7. A copy of the order be sent to the trial Court for necessary

compliance. Sd/-

( Deepak Kumar Tiwari) Judge

Shyna