Badri Prasad Dewangan v. Radhelal Dewangan And ANR.

tIN THE HON'BLE HIGH CQURT OF CHHATTISGARH AT BILASPUR CRIMINAL REVISION N0.

•3U / 2015 APPLICANT Badri Prasad Dewangan S/o Manuram Dewangan, aged about 58 years, R/o Baloda, IIn^Jaill Police Station Baloda, Civil and Revenue District - Janjgir ^^ ..^&^:

^"

..^ ^s^^ Champa, District JanjgirChampa (C.G.).

v

VERSUS

NON-APPLICANTS Radhelal Dewangan S/o Nanki RamDewangan, aged about 50 years, R/o Dewangan Mohalla, Ward No.

8, Champa, Police Station and Tahsil Champa, Civil and Revenue District - Janjgir-Charapa (C.G.) Complainant State of Chhattisgarh, Through - District Magistrate, Janjgir-Champa, (C.G.).

SENTENCE CONVICTION U/s. 13<'of Negotiable ^.I/ for 6'montfis and fine V"

Instrualent Act.

amount ofRs. 1DOOO/- and in default of payment of fine amount further S.I.

for moriths.

(Fine amount has been deposited before the court below).

Coraplaint Case No.

141/2008 (Also mentioned as Cr. Case No. 141/08 in the order passed by learned .^- Seceed-Additienal-Sessie&sJ-f^- F-C- C^qtM^I dEudge7 Janjgir-Champa (C.G.) Janjgir-Champa (C.G.) Civil and Revenue District CRIMINAL REVISIQN UNDER SECTION 397 READ WITH SECTION, _401_ OF_ THE _ CODE_ OF _CRIMINAL PROCEUDRE Being aggrieved by the impugned judgment of conviction and sentence dated 13.01.2015 passed by the court of learned SecosSi Additional Session Judge, Janj'gir, DistrictJanjgir-Champa (C.G.) in Criminal Appeal No. 99/2011, arising out of judgment of order dated 20^)6.2011 passed in Criminal Case No.141/2008 (mentioned as complaint case no. 141/08) by the court of learned Judicial Magistrate First Class, Champa, District- Janjgir-Champa (C.G.). The applicant begs to prefer the revision under the following facts and grounds:-

-1SL'^ NATIONAL LOKADALAT Dated 11 April. 2015 Compromise Petition ?HIGH COURT OF CHHATTISGARH. BILASPUR CRRNo.30of2015 1.

Badri Prasad Dewangan S/o Manuram Dewagan Aged About 58 years R/0 Baloda Police Station Baloda, Civil & Revenue District Janjgir Champa District Janjgir Champa C.G.

-- Applicant

Versus

1.

Radhelal Dewangan S/o Nanki Ram Dewangan Aged About 50 Years R/0 Dewangan Mohalla, Ward No. 8, Champa, Police Station & Tahsil Champa, Civil & Revenue Distirct Janjgir Champa C.G.

2. State Of C.G. Through - District Magistrate, Janjgir Champa C.G. -- Non-applicants Applicant Badri Prasad Dewangan present in person alongwith his counsel Mr. Anil Gulati.

Non-applicant No.1 Radhelal Dewangan present in person along with his counsel Mr. P.K. Dhurandhar.

Ms. Shobha Kashyap, DeputyGovt.Advocate forthe State/non-applicant No.2. AWARD 11/04/2015 1.

Non-applicant No.1 Radlielal Dewangan is identified by his counsel Mr. P.K.Dhurandhar before the Court.

,2.

The compromise petition is jointly filed by the parties along with their signatures. As per the petition, the applicant and non-applicant No.1 settled their dispute outside the Court and non-applicant No.1 has received settled amount cheque for Rs.10,000/-, hence, the criminal revision may be disposed of accordingly and the case may be closed in favour of the applicant. 3.

On due consideration, the compromise petition is allowed as the parties entered into compromise under Section 147 of Negotiable Instrument Act, the applicant is hereby acquitted from the offence under Section 138 of the Negotiable InstrumentAct.

4.

Learned counsel for the applicant submits that as the applicant

fftT1^ i '^Sl^ % « "'t-n \'L:~y «i^.a» -2deposited the fine amount awarded as per para 22 of the judgment dated 2006-2011 and the same is not ordered to be given to applicant No.1 and now the applicant is acquitted and compromise between the parties is permitted, therefore, the fine amount paid by him may be refunded. 5.

As the applicant is acquitted as per provisions of Section 320(8) of the Cr.P.C., as prayed, it is ordered that if fine amount Rs.10,000/- is deposited before the trial Court, the same be refunded on production of certified copy of this award before the trial Court concerned.

6.

With above observation and direction, this criminal revision stands disposed of.

Sd/- Member - LokAdalat High Court of Chhattisgarh Bilaspur Sd/-._ F%;.B.Bajpai) Judge- LokAdalat High Court of Chhattisgarh Bilaspur Aadil k.•»,•^.