1 2025:CGHC:19138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 138 of 2020 1 - Prakash Kumar Dansena S/o Ramsagar Dansena Aged About 40 Years R/o Village Bilaigarh, Police Station And Tahsil Bilaigarh, Civil And Revenue District Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh --- Petitioner(s) versus 1 - Surendra Kumar Lader S/o Sanjeevan Kumar Lader R/o Village Khokhara Chowk, Behind Dolfin School, Raghvendra Bhavan Janjgir, Police Station And Tahsil Janjgir, Civil And Revenue District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Devesh G. Kela, Advocate. For Respondent(s) : Mr. Rahil Arun Kochar, Advocate. CRR No. 157 of 2020 1 - Surendra Kumar Lader S/o Sanjivan Kumar Lader, Aged About 36 Years R/o Khokhra Chowk, Opposite Dolphin School, Raghvendra Bhawan Janjgir, P.S. Janjgir Tahsil Janjgir District Janjgir (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ---Petitioner(s) Versus 1 - Prakash Kumar Dansena S/o Ramsagar Dansena, Aged About 36 Years R/o Village Bilaigarh P.S. And Tahsil Bilaigarh, District Balodabazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Rahil Arun Kochar, Advocate For Respondent(s) : Mr. Devesh G. Kela, Advocate. 2 Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 28/04/2025 1. Since both criminal revisions are arising out of the common complaint case and the common judgment passed by learned appellate Court, therefore, both these criminal revisions are being heard and decided together. 2. The criminal revision No. 138/2020 has been filed by the complainant against the impugned judgment dated 23.11.2019 passed by learned 3rd Additional Sessions Judge, Balodabazar in Criminal Appeal No. 107/2018 whereby the learned appellate Court has reduced the sentence awarded to the accused and sentenced him till rising of the Court with compensation of Rs. 3,50,000/-. 3. The Criminal Revision No. 157/2020 is filed by the accused against the judgment dated 23.11.2019 passed in Crime Appeal No. 107/2018 by the learned 3rd Additional Sessions Judge, Balodabazar by which the sentence awarded to the accused/applicant is reduced and he is convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced till rising of the Court with compensation of Rs. 3,50,000/- which is payable to the complainant. 4. The case of the complainant before the learned trial Court was that the complainant is the director of Sagar High School at Bhilaigarh and Bhatgaon, the accused was engaged in business of supply of school bags and school dresses. For the sessions 2016 - 2017 they entered into a contract for supply of school bag and school dresses to the school of complainant and as a advance amount the accused obtained Rs. 3,00,000/- cash in the month of April in lieu of the contract with the compromise to supply the school bags and dresses in the month of 1st week of June. Since the accused failed to supply the goods. The complainant inquired about the 3 same and then the accused refused to supply the school dresses and school bags for the reason that the price of raw material is going too high, therefore, he was not in a position to supply the school dresses and bags on the settled rates and he demanded Rs. 500/- per items. When the complainant demanded his amount back, the accused gave him a cheque bearing No. 784446 dated 14.06.2016 amounting to Rs 3,00,000/- in lieu of repayment of his advance amount. When the complainant deposited the said cheque in his account for its clearance, the same was dishonourd by the payee bank for want of sufficient amount in the bank account of the accused. After due formalities of legal demand notice, the complaint case was filed by the complainant before the learned Judicial Magistrate First Class, Bhatgaon, District Balodabazar on 12.09.2016. 5. After full-fledged trial of the complaint case the accused was convicted for the offence under Section 138 of Negotiable Instruments Act by the learned trial Court and he was sentenced for RI for 06 months with fine of Rs. 5,00,000/-, it was also ordered that out of Rs. 5,00,000/-, Rs. 4,00,000/- shall be paid to the complainant as compensation. 6. The judgment of conviction and sentence dated 07.08.2018 passed by learned trial Court was challenged by the accused before the learned 3rd Additional Sessions Judge, Balodabazar which was decided on 23.11.2019, partly allowed, the appeal filed by the accused and sentence is reduced till rising of the Court and instead of fine of Rs. 5,00,000/-, it is ordered that the accused shall pay Rs. 3,50,000/- as compensation to the complainant which are challenged by the complainant as well as the accused in these criminal revisions. 7. During the pendency of the criminal revision the parties have entered into the compromise and settled their dispute and in furtherance thereof the accused had paid Rs. 3,50,000/- which was awarded against him to the complainant on 21.04.2025 and both of them have jointly filed an application 4 under Section 147 of the Negotiable Instruments Act in Criminal Revision No. 138/2020 for compounding of the offence. 8. Learned counsel appearing for the respective parties have also verified the settlement arrived at between the parties and have not disputed the same. 9. The offence of Section 138 of Negotiable Instruments Act is compoundable as provided under Section 147 of Negotiable Instruments Act, 1881. Since the parties have amicably settled their dispute, the compensation has been paid to the complainant of the offence has been compounded, nothing it would be interest in the justice that the present criminal revisions are being disposed of in view of the compromise arrived at between the parties, therefore, the parties are permitted to compound their offence as provided under Section 147 of Negotiable Instruments Act. 10. In view of the above, the settlement between the parties and compounding of the offence, both these criminal revisions are disposed of in terms of the compromise between the parties. The effect of compromise/compounding of the offence would be acquitted of the accused in the criminal case of the offence under Section 138 of the Negotiable Instruments Act, 1881. 11. Accordingly, both these criminal revisions are disposed of in terms of the compromise between the parties. 12. The record of the trial Court along with copy of this order be sent back to the trial Court concerned for compliance and necessary action. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.07 11:18:43 +0530