Chattisgarh High Court
Naeim Mohammed Qureshi vs Rajesh Rai on 1 July, 2025
1
Digitally
signed by 2025:CGHC:29430
SOURABH
SOURABH PATEL
PATEL Date: NAFR
2025.07.07
14:15:45
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1090 of 2024
1 - Naeim Mohammed Qureshi S/o Late Noor Mohammed Qureshi
Aged About 55 Years R/o Q.No. 40/a, H S C I Colony, Ruabandha,
Bhilai, Tehsil And District Durg, Chhattisgarh.
... Applicant
versus
1 - Rajesh Rai S/o Late Ramanand Rai Aged About 50 Years R/o D
19/20, Akanksha Kunj, Risali, Bhilai, P.S. Newai, Tehsil And District
Durg, Chhattisgarh.
2 - State Of C.G. Through D.M. Durg, District Durg, C.G.
... Respondents
For Applicant : Mr. Sudhanshu Singh, Advocate
For Respondent No.1 : Mr. Aditya Kumar Mishra, Advocate.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
01/07/2025
1. Heard on I.A. No. 01/2025, which is an application under
Section 147 of the Negotiable Instruments Act, 1881 permitting
compromise and disposal of the instant revision.
2. The instant criminal revision has been filed against the order
dated 23.04.2022 passed by Learned Eighth Additional Sessions
Judge Durg, Distt. Durg (C.G.) in Criminal Appeal No.
311/2018, arising out of the judgment dated 09.10.2018
passed by learned Judicial Magistrate First Class, Durg (C.G.),
in Complaint Case No. 4960/2014, whereby the applicant has
been convicted and sentenced in the following manner:
Conviction Sentence
Offence under Section S.I. for 06 months and compensation
138 of Negotiable amount of Rs.7,44,000/- and if the
Instrument Act. compensation is not paid then further
02 months S.I.
3. Learned counsel for the applicant submits that during pendency
of the present revision, both the applicant and the respondent
(complainant) have amicable settled their dispute. The
complainant has received the entire amount of Rs.7,44,000/-
from the applicant towards full and final settlement of the
dispute amount. He further submits that the fact of such
settlement was also brought to the notice of learned trial Court
during the course of proceedings. He further submits that the
respondent/complainant and the applicant have settled their
dispute amicably and I.A. No. 01/2025, the application for
compromise has been jointly filed and supported by the
affidavits of both parties. Therefore, the petition may be allowed
and the applicant may be acquitted of the charge.
4. Learned counsel appearing for the respondent concurred with
the submissions made by the counsel for the applicant and
submitted that the compromise arrived at between them,
therefore, I.A. No. 01/2025, the application for compromise may
be allowed by permitting the compounding of the offence and
this petition may be disposed of in the interest of justice.
5. Heard learned counsel for the parties and perused the material
available on record.
6. Considering the facts and circumstances of the case,
submission made by learned counsel for the parties, since the
offence under Section 138 of NI Act is compoundable, I find it
appropriate to allow the application (I.A. No. 01/2025) and the
applicant is entitled for acquittal under Section 138 of
Negotiable Instruments Act. The conviction of the applicant for
the offence under Section 138 of N.I. Act is hereby set aside and
he is acquitted of the said charge.
7. Accordingly, the present criminal revision is disposed of.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.
