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2025 DAILYLAW 38259 (CHH)

NAEIM MOHAMMED QURESHI v. RAJESH RAI

CRR/1090/2024 · 2025-06-30

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:29430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1090 of 2024 1 - Naeim Mohammed Qureshi S/o Late Noor Mohammed Qureshi Aged About 55 Years R/o Q.No. 40/a, H S C I Colony, Ruabandha, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Applicant versus 1 - Rajesh Rai S/o Late Ramanand Rai Aged About 50 Years R/o D 19/20, Akanksha Kunj, Risali, Bhilai, P.S. Newai, Tehsil And District Durg, Chhattisgarh. 2 - State Of C.G. Through D.M. Durg, District Durg, C.G. ... Respondents For Applicant : Mr. Sudhanshu Singh, Advocate For Respondent No.1 : Mr. Aditya Kumar Mishra, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 01/07/2025 1. Heard on I.A. No. 01/2025, which is an application under Section 147 of the Negotiable Instruments Act, 1881 permitting compromise and disposal of the instant revision. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.07 14:15:45 +0530 2 2. The instant criminal revision has been filed against the order dated 23.04.2022 passed by Learned Eighth Additional Sessions Judge Durg, Distt. Durg (C.G.) in Criminal Appeal No. 311/2018, arising out of the judgment dated 09.10.2018 passed by learned Judicial Magistrate First Class, Durg (C.G.), in Complaint Case No. 4960/2014, whereby the applicant has been convicted and sentenced in the following manner: Conviction Sentence Offence under Section 138 of Negotiable Instrument Act. S.I. for 06 months and compensation amount of Rs.7,44,000/- and if the compensation is not paid then further 02 months S.I. 3. Learned counsel for the applicant submits that during pendency of the present revision, both the applicant and the respondent (complainant) have amicable settled their dispute. The complainant has received the entire amount of Rs.7,44,000/- from the applicant towards full and final settlement of the dispute amount. He further submits that the fact of such settlement was also brought to the notice of learned trial Court during the course of proceedings. He further submits that the respondent/complainant and the applicant have settled their dispute amicably and I.A. No. 01/2025, the application for compromise has been jointly filed and supported by the affidavits of both parties. Therefore, the petition may be allowed and the applicant may be acquitted of the charge. 3 4. Learned counsel appearing for the respondent concurred with the submissions made by the counsel for the applicant and submitted that the compromise arrived at between them, therefore, I.A. No. 01/2025, the application for compromise may be allowed by permitting the compounding of the offence and this petition may be disposed of in the interest of justice. 5. Heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, submission made by learned counsel for the parties, since the offence under Section 138 of NI Act is compoundable, I find it appropriate to allow the application (I.A. No. 01/2025) and the applicant is entitled for acquittal under Section 138 of Negotiable Instruments Act. The conviction of the applicant for the offence under Section 138 of N.I. Act is hereby set aside and he is acquitted of the said charge. 7. Accordingly, the present criminal revision is disposed of. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.