1 2025:CGHC:21896 NAFR NATIONAL LOK ADALAT Judge Name – Lok Adalat: Hon’ble Mr. Justice Naresh Kumar Chandravanshi Member – Lok Adalat : Mr. Prateek Sharma, Advocate HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 461 of 2025 1 - Rakesh Jain S/o Shantilal Jain Aged About 50 Years R/o Bagga Sale, Opposite New Jalaram Mishthan, Indira Market, Station Road, Durg (C.G.) ... Applicant(s) versus 1 - Ganesh Purohit S/o Shambhulal Purohit Aged About 40 Years R/o House No. M.S.-84, Padhnabhpur, Durg, District - Durg (C.G.) ... Respondent(s) For Applicant : Mr. Avinash Chand Sahu, Advocate Respondent No.2 : Mr. Ganesh Purohit, respondent/complainant appeared through video conferencing and identified by the Mr. Avinash Chand Sahu, Advocate Order (Passed on 10/05/2025) 1. This is a case under Section 138 of the Negotiable Instruments Act, 1881, wherein, the applicant was convicted and sentenced to undergo ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.05.12 11:54:16 +0530 2 simple imprisonment for one year and to pay a fine of Rs. 90,000/- passed by the learned Judicial Magistrate First Class, Durg. The said conviction and sentence was upheld by the 4th Upper Sessions Judge, Durg. 2. During pendency of the matter, both the parties have arrived at amicable settlement. The sole respondent/complainant has filed an application under Section 320 of Criminal Procedure Code (CrPC) for compounding of offence, in the form of Ikrarnama/Samjhautanama which is well supported by an affidavit. It is expressed in the said application as well as in the docket that the compromise has already been taken place between both the parties and in pursuance thereof Rs.90,000/- compensation amount has been paid to the respondent by the present applicant. 3. On perusal of application filed under Section 320 of CrPC for compounding of offence, wherein, respondent has no objection to dispose of the present case and further submitted that the compromise is in the form of Docket as well as Ikrarnama/ Samjhautanama which is well supported by an affidavit. 4. Consequently, the judgment of conviction and order of sentence dated 05.10.2023 (Annexure P/2) passed by the learned Judicial Magistrate First Class, Durg in Complaint Case No.1777 of 2015 which is upheld by 4th Upper Sessions Judge, Durg (C.G.) passed in Criminal Appeal No.299 of 2023 dated 22.03.2025 (Annexure P/1) are hereby modified 3 and amount of Rs.90,000/- towards the fine be treated as compensatory amount which has been received by the respondent/complainant and simple imprisonment for a period of one year is hereby set aside. 5. In view of the above, the judgments passed by the trial Court as well as the First Appellate Court are modified to the above extent. Sd/- Sd/- (Naresh Kumar Chandravanshi) (Prateek Sharma) Judge – Lok Adalat Member – Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Saxena