1 2025:CGHC:6271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1436 of 2024 1 - Amit Agrawal S/o Naresh Agrawal, R/o G.E. Road, Charoda, Tahsil Bhilai-3, District Durg, Chhattisgarh. ... Applicant(s) versus 1 - Gulabchand Patel S/o Late Baluram Patel, Aged About 41 Years R/o House No. 305, Shankar Para Purva Dadar Charoda, Tahsil Dhamdha, District Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Virendra Verma, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 04/02/2025 1. The present Criminal Revision is filed by the applicant under Section 438 of BNSS, 2023 against the order dated 19.06.2024 passed by learned Sessions Judge, Durg, District-Durg (C.G.) in Criminal Appeal No. 289/2023 arising out of order dated 07.10.2023 passed by learned Judicial Magistrate First Class 2 Bhilai-3, District- Durg (C.G.) whereby the learned Court below has convicted the non-applicant with simple imprisonment upto 3 months and fine of Rs. 1,25,000/- and out of the fine amount Rs. 1,20,000/- shall be paid as compensation to the applicant. The present applicant has prayed this Court to grant adequate compensation. 2. Brief facts of the case is that the applicant and non-applicant are well known to each other and out of that relationship the applicant has given Rs. 1,00,000/- to the non-applicant as earnest loan. The non-applicant has taken the loan for his personal need and on the request of the applicant the non-applicant has given a cheque bearing no. 967495 dated 19.03.2013 of State Bank of India and the same was deposited by the applicant in his bank on 21.03.2018 which was returned with a bank slip that the insufficient fund. On 11.04.2018 the applicant has sent a legal notice wherein he has mentioned his grievances but the same has been returned with a note that the non-applicant has not interested to take. All of that the applicant has lodged a complaint case for default of payment of the cheque amount dated 15.05.2018, wherein the learned Court below issue summon for the non-applicant wherein the non-applicant appear before the learned court below and the case was registered as complaint case no. 417/2018, wherein the learned Trial Court has after taking evidences concluded the trial and on 07.10.2023 wherein passed the judgment that the non-applicant has been convicted for 3 months and fine of Rs. 1,25,000/- and in fine amount Rs. 1,20,000/- pay as a compensation to the complainant within 1 month and in default of fine, additional simple imprisonment for 1 month. The non-applicant being aggrieved by the impugned judgment passed by the learned JMFC filed an appeal before the Sessions Court and the same is registered as Criminal Appeal no. 289/2023 wherein the learned Sessions Court has dismissed the Criminal Appeal No. 289/2023 and affirmed the order passed by 3 the learned JMFC. 3. Learned counsel for the applicant contended that the order passed by the Sessions Court is not justified as per Section 138 of N.I. Act the Court has the power to punish the non-applicant for two years or double the amount but in this case only a meager amount has been awarded to the applicant. The non-applicant has been convicted with simple imprisonment for 3 months and on 19.06.2024 he filed the Criminal Revision before this Hon’ble Court in which the Hon’ble Court vide its order dated 22.07.2024 has suspended the conviction and released him on bail after depositing 50% of the compensation amount. 4. I have heard learned counsel for the applicant and perused the record with utmost circumspection. 5. Perusal of record shows that the applicant has given Rs. 1,00,000/- to the non-applicant as earnest loan and in return the non-applicant has given a cheque bearing no. 967495 dated 19.03.2013 of State Bank of India as a security. When the cheque was deposited by the applicant in his bank on 21.03.2018 which was returned with a bank slip that the insufficient fund. On 11.04.2018 the applicant has sent a legal notice wherein he has mentioned his grievances but the same has been returned with a note that the non-applicant has not interested to take. All of that the applicant has lodged a complaint case for default of payment of the cheque amount dated 15.05.2018, wherein the learned Court below issue summon for the non-applicant as a result of which the non-applicant appeared before the learned court below and the case was registered as complaint case no. 417/2018. The learned Trial Court has after taking evidences concluded the trial and on 07.10.2023 passed the judgment that the non-applicant has been convicted for 3 months and fine of Rs. 1,25,000/- and an amount Rs. 1,20,000/- out of the fine amount shall be paid as a compensation to the complainant/ applicant herein within 1 month and in default of fine, additional simple imprisonment for 1 month. 4 The non-applicant being aggrieved by the impugned judgment passed by the learned JMFC filed an appeal before the Sessions Court and the same is registered as Criminal Appeal no. 289/2023 wherein the learned Sessions Court has dismissed the Criminal Appeal No. 289/2023 and affirmed the order passed by the learned JMFC. 6. The grievance of the applicant is that this Court vide its order dated 22.07.2024 has suspended the conviction of 3 months granted by the learned JMFC, Bhilai-3 and released the non- applicant on bail after depositing 50% of the compensation amount. The applicant is praying to grant adequate compensation which was granted by the lower court. 7. So far as the grievance of the present applicant is concerned, though Section 138 of N.I. Act empowers the Court to punish the offender with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both, but it is the discretion of the Court to punish the offender after analyzing the documents, evidences, statements of the parties. 8. Therefore, in the considered opinion of this Court, there is no illegality or perversity or jurisdictional error in the order dated 19.06.2024 passed by the Sessions Judge Durg, District-Durg (C.G.) 9. Accordingly, the present criminal revision is hereby dismissed on merits. Sd/- (Arvind Kumar Verma) JUDGE Madhurima