1 2025:CGHC:50234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 280 of 2019 1 - G. Babu Rao S/o G. Shambha Murti, R/o Village- Labhrakurd, Behind Shanti Vijay Hospital, Occupation Address- Labhrakhurd, National Highway 353, Thana- Mahasamund, Tahsil And District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - Shanti Vijay Traders & Another Proprietor Akash Jain S/o Ashok Jain, R/o Village- Komakhan, Thana- Komakhan, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh 2 - State Of Chhattisgarh Through Collector Mahasamund, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Dheerendra Pandey, Advocate. For Respondent No.1 : Mr. Raghvendra Pradhan, Advocate. For Respondent No. 2 /State : Ms. Laxmeen Kashyap, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08/10/2025 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.10.09 10:52:52 +0530 2 1. The present criminal revision has been filed by the applicant against the impugned judgment dated 13.02.2019 passed by learned Sessions Judge, Mahasamund in Criminal Appeal No. H-71/2018, whereby the criminal appeal filed against the judgment of conviction and sentence dated 31.07.2018 passed by learned Judicial Magistrate First Class, Mahasamund in Criminal Complaint Case No. S728/2016, has been dismissed. By the impugned judgment dated 31.07.2018 passed by learned trial Court the applicant has been convicted under Section 138 of Negotiable Instrument Act, 1881, for R.I. for 06 months and to pay the compensation of Rs. 3,30,000/- to the complainant. 2. Learned counsel for the parties would submit that the parties have amicably settled their dispute and the entire amount of settlement have been paid to the complainant/Respondent No.1. They would also submit that Rs. 99,000/- have been paid to the complainant by depositing the same before the learned trial Court on 29.03.2019 by Receipt No. 69 Book No. A-61190 and today the remaining amount of Rs. 2,01,000/- has been deposited in the bank account of the complainant and thus they have complied with the terms of settlement and paid the entire amount to the complainant. 3. Learned counsel appearing for the Respondent No1/complainant would also verified and submit that the terms of compromise has been complied with by the applicant and now the applicant does not want to prosecute his complaint further. 4. Since the offence under Section 138 of the Negotiable Instrument Act is compoundable as provided under Section 147 of the Negotiable Instrument Act, 1881, the parties are permitted to compound their offence and since the amount under the settlement has already been 3 paid to the complainant and complainant does not want to prosecute present complaint further. In view of the settlement between the parties the impugned judgment of conviction and sentence dated 13.02.2019 passed by learned Sessions Judge, Mahasamund in Criminal Appeal No. H 71/2018 as well as judgment dated 31.07.2018 passed by learned Judicial Magistrate First Class, Mahasamund in Criminal Complaint Case No. S728/2016 are set aside. The effect of compromise between the parties amounts to acquittal as provided under Section 359 (8) of BNSS, 2023. 5. The complainant is permitted to withdraw the amount of Rs. 99,000/- which has been deposited before the learned trial Court on 29.03.2019 vide Receipt No. 69 Book No. A-61190. 6. With the aforesaid observation, the present criminal revision is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok