1 2025:CGHC:34385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 691 of 2021 1 - Pankaj Agrawal S/o Bajrang Agrawal Aged About 34 Years R/o Village And Post Balauda, Police Chauki, Balauda Tehsil Saraipali, District Mahasamund Chhattisgarh. ... Applicant versus 1 - Jitendra Sahu S/o Vikram Sahu R/o Village Adarsh Nagar, Basna, P.S. And Tehsil Basna, District Mahasamund Chhattisgarh. ... Respondent For Applicant : Mr. Sanjay Agrawal, Adv. For Respondent : Mr. Sandeep Singh, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 21/07/2025 1. The present revision arises out of the impugned judgment of conviction and order of sentence dated 02.08.2021, passed by the learned 1st Additional Sessions Judge Saraipali, Mahasamund (C.G.) in Cr. Appeal No. 03/2021, whereby the learned appellate Court has affirmed the conviction of the applicant under Section 138 of N.I. Act Digitally signed by HEERA LAL SAHU Date: 2025.07.22 14:07:48 +0530 2 dated 05.04.2021 passed by the learned JMFC, Basna, District – Mahasamund in Criminal Case No. 126/2018. However, partially modified the sentence and sentenced till rising of the Court instead of S.I. for 1 year, and a fine/compensation of Rs. 5,60,000/- has been imposed instead of 5,00,000/- with default stipulation of S.I. for six months. 2. Heard on application under Section 320(6) read with Section 320(8) of the code of Criminal Procedure. 3. Brief facts of the case are that the complainant Jitendra Sahu herein lodged a criminal complaint on 27.03.2018 against the present applicant Pankaj Agrawal, stating that he has advanced a sum of Rs. 5,00,000/- due to good relations with him and the applicant on 21.02.2018 had given him a cheque of Rs. 5,00,000/- which allegedly got dishonored. Based on the complaint, a complaint case was filed, and the applicant was convicted for the offence under Section 138 of N.I. Act and sentenced as mentioned in the opening paragraph of this order. 4. Both parties are present in person along with their respective counsels before this Court today. The parties have jointly filed an application under Section 320(6) read with Section 320(8) of Cr.P.C., which is supported by their affidavits. The parties stated that they have amicably settled their dispute outside the court, and they are 3 residing in the same village peacefully. The Complainant states that there are no dues upon the applicant, and he does not want any further prosecution against the applicant. 5. Learned counsel for the applicant prayed that the application may be allowed and the applicant may be acquitted. Further, it is prayed that the amount which was deposited by the applicant before the trial Court may be returned to the applicant. 6. Heard learned counsel for both the parties and perused the material available on record including the impugned judgment. 7. Considering that offence under Section 138 of N.I. Act is a compoundable offence under the provisions of Section 147 of N.I. Act. Further looking to the facts and circumstances of the case, and also considering the statement made by the complainant before this Court, the compromise application is hereby allowed. Applicant Pankaj Agrawal is acquitted of the charge under Section 138 of N.I. Act. The amount which was deposited by the applicant before the trial Court shall be returned to the applicant after due verification. 8. Accordingly, the criminal revision is disposed of. The bail bonds and sureties of the applicant shall stand discharged. 4 9. Record of the trial Court along with the copy of this order be sent forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE H.L. Sahu