Hanni Mehra vs Gaurav Kakkad
2023 Latest Caselaw 1014 Chatt

                                    -1-


                                                                      NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                    Criminal Revision No. 896 of 2022

    Hanni Mehra S/o Late Prem Mehra Aged About 40 Years R/o
      Infront Of Sahu Sadan, Kelabadi, Durg, Tahsil And, District : Durg,
      Chhattisgarh.
                                                             ----Applicant
                                 Versus
    Gaurav Kakkad S/o Krishna Kumar Kakkad Aged About 39 Years
      Proprietor- Asian Industries, Siltara, Raipur, R/o Punjabi Colony,
      Katora Talab Raipur, Tahsil And, District : Raipur, Chhattisgarh.
                                                        ----Non-applicant

                                      AND

                    Criminal Revision No. 932 of 2022

    Hanni Mehra S/o Late Prem Mehra Aged About 40 Years R/o
      Infront Of Sahu Sadan, Kelabadi, Durg, Tahsil And District - Durg
      Chhattisgarh
                                                             ----Applicant
                                 Versus
    Gaurav Kakkad S/o Krishna Kumar Kakkad Aged About 39 Years
      Proprietor - Asian Industries, Siltara, Raipur, R/o Punjabi Colony,
      Katora Talab Raipur, Tahsil And District Raipur Chhattisgarh.
                                                        ----Non-applicant


For Applicant            : Shri Sanjay Kumar Agrawal, Advocate.
For Non-applicant        : Shri V.G. Tamaskar, Advocate.


             Hon'ble Shri Justice Rakesh Mohan Pandey
                            Order on Board
16-02-2023

   1.

Both the criminal revisions have been filed against the judgment

dated 15.6.2022 passed by the learned Additional Sessions Judge

(Special Judge of Special Court for trial of CBI cases), Raipur,

District Raipur in Criminal Appeals No. 161 & 160 of 2021,

whereby the appeals preferred by the applicant in both the cases

have been dismissed and the judgment of conviction and order of

sentence recorded by the learned Judicial Magistrate First Class,

Raipur, District Raipur in Criminal Complaint Case Nos. 20172 of

2017 & 20170 of 2017 in judgments dated 25.9.2021 have been

affirmed. The applicant has been convicted for the offence

punishable under Section 138 of the Negotiable Instruments Act

and sentenced to undergo RI for 1 year and to pay Rs.3,50,000/-

as compensation and in default of payment of Rs.3,50,000/-,

further simple imprisonment for two months.

2. Learned counsel for the applicant would submit that the matter has

been settled between the parties before the Court below and the

applicant has paid the amount of compensation to the non-

applicant.

3. Shri V.G. Tamaskar, Advocate would endorse the submission

made by Shri Sanjay Kumar Agrawal, Advocate.

4. Non-applicant - Gaurav Kakkad, who is present before this Court

would submit that he has received the amount and the matter has

been settled, before the Court below.

5. Considering the fact that the matter has been amicably settled

between the parties before the Court and further, taking into

consideration the fact that the offence punishable under Section

138 of the NI Act is compoundable offence, therefore, I am inclined

to allow both the criminal revisions.

6. Accordingly, both the criminal revisions are allowed. The

impugned judgment dated 15.6.2022 passed by the learned

Additional Sessions Judge (Special Judge of Special Court for trial

of CBI cases), Raipur, District Raipur in Criminal Appeals No. 161

& 160 of 2021 are hereby set aside. The applicant is acquitted of

the charges under Section 138 of the NI Act. The applicant is

reported to be in jail and he be released from detention

immediately.

Sd/-

(Rakesh Mohan Pandey) Judge Nimmi