1 / 2 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 568 of 2012 H.K.Gayakwad S/o D.R. Gayakwad Aged About 44 Years R/o Road No. 5, Sector - 6, Qr. No. 2, A Bhilai, Distt. Durg C.G. ... Applicant Versus 1. Dipak Thakkar (Died) Through Legal Heir As Per Honble Court Order Dated 09-07-2024. 1A. - Smt. Kusum Thakkar W/o Late Deepak Thakkar, aged about 59 years R/o L I G 209, Hudco Bhilai, District- Durg, C.G. ... Respondent(s) For Applicant : Mr. Shobhit Kostha, Advocate. For Respondent : Mr. Shrawan Agrawal, Advocate. Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board 15.01.2025 1. The present revision filed by the applicant under Section 397/401 of code of Criminal Procedure against the judgment dated 30.08.2012 passed by the First Additional Sessions Judge, Durg in Criminal Appeal No. 126 of 2011, affirming the judgment dated 30.08.2011 passed by the Judicial Magistrate First Class, Durg in Complaint Case No.197 of 2011 whereby the applicant/accused was convicted under Section 138 of the Negotiable Instrument Act (for short ‘N.I. Act’) and sentenced him to undergo S.I. for 3 months and under Section 357(3) of the Cr.P.C., imposed fine amount of Rs.50,000/- as compensation and in default of paying compensation, additional S.I. of 15 days. Digitally signed by VAIBHAV SINGH Date: 2025.01.17 17:27:26 +0530 2 / 2 2. During pendency of revision original complainant namely Deepak Thakkar has died on 04.12.2022 and in his place Smt. Kusum Thakkar, (legal heir of the complainant) has been brought on record. 3. Learned counsel for the parties submit that amicable settlement has been arrived at between the parties and in that behalf an application has been moved before this Court. 4. Heard on I.A. No.01/2025 an application under Section 320 of Cr.P.C. read with Section 147 of N.I. Act, for compounding the offence, stating therein, parties have compromised the matter amicably. In view of above, I.A. No. 01/2025 is allowed. 5. Applicant/accused H.K. Gayakwad and Smt. Kusum Thakkar W/o of Late Deepak Thakkar (complainant) are present before the court and submit that the dispute between them has already been settled and there was no dispute existed between them and compensation amount has already been received by the respondent (legal heir of the complainant). 6. In view of settlement arrived between the parties, I see no reason to keep this matter pending. Therefore, the application is allowed. 7. Accordingly, the conviction under Section 138 of N.I. Act and sentence awarded thereunder are hereby set aside consequent upon settlement between them. 8. In view of above, the revision stands disposed of. Sd/- (Radhakishan Agrawal) JUDGE Vaibhav