Vipul Kulshrestha v. State Of Chhattisgarh And ANR.
CHHATTISGARH HIGH COURT, BILASPUR NATIONAL LOK ADALAT Judge Lok Adalat : Hon'ble Mr. Justice Ram Prasanna Sharma Member Lok Adalat: Mr. Pramod Kumar Verma, Sr. Advocate. Criminal Revision No. 329 of 2007 • Vipul Kulshrestha S/o Late Vinod Kulshrestha, aged about 41 years, R/o Rajendra Nagar Raipur, Distt.-Raipur, C.G.
---- Applicant
Versus
1. State Of Chhattisgarh Through District Magistrate Bilaspur (CG).
2. Sanjay Singh Chouhan S/o J. S. Chouhan aged about 38 years, R/o 38 Navjeewan Society, Pachpedi Naka Raipur, Tahsil And Distt.- Raipur, C.G. ---- Respondents -------------------------------------------------------------------------------------------------------------- Appearance :
Applicant- Vipul Kulshrestha is present along with Shri C.R.Sahu, Advocate. Shri Ravindra Agrawal, Govt. Advocate for the State. Complainant- Sanjay Singh Chouhan is present in person. --------------------------------------------------------------------------------------------------------------
ORDER
(Passed on 22nd April, 2018) 1.
The applicant has been convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Judicial Magistrate First Class, Raipur and the same is affirmed by the 9th Additional Sessions Judge (FTC), Raipur (CG) in Cr. Appeal No.19/2007 vide judgment dated 3rd July, 2007, wherein the applicant is sentenced to R.I. for 6 months and fine of Rs.2,000/- with default stipulation.
2.
The applicant and the complainant have filed an application for compounding the offence. The offence is compoundable as per Section 147 of the Negotiable Instruments Act.
3.
On due consideration, the application is allowed. 4.
The offence is hereby compounded in view of Section 320(8) Cr.P.C.1973. The applicant is acquitted for commission of offence under Section 138 of the Negotiable Instruments Act and conviction and sentence imposed upon the applicant by the trial Court is set aside. 5.
A copy of the docket (compromise arrived at between the parties) be sent to the court concerned along with its record, if any, and a copy of the order passed today, forthwith.
Sd/ Sd/ (Ram Prasanna Sharma) (Pramod Kumar Verma) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur sunita