Vishal Sangram v. Yogesh Vishwakarma

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