BALBHADRA PRASAD MITTAL v. STATE OF CHHATTISGARH & ANOTHER
CRR/500/2022 · 2025-05-05
Shri Ravindra Kumar Agrawal
body2025
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[ 2025 DAILYLAW 55010 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55010 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20816
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 500 of 2022 Balbhadra Prasad Mittal S/o Shri Bamwri Lal Mittal Aged About 47 Years R/o Purani Basti, Janjgir, Police Station Janjgir, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh & Another Through District Magistrate Janjgir , District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Natwar Lal Agrwal S/o Late Harachandray Agarwal R/o Naya Bardwar, Police Station Baradwar, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Ashutosh Trivedi, Advocate For Respondent No.1/State : Mr. Karan Kumar Baharani, P.L. For Respondent No.2. : Mr. Bamhiman Roy, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.06 18:56:44 +0530
2 06/05/2025
1.
Learned counsel for the parties jointly submit that the matter has been compromised between the parties and they have jointly filed an application under Section 320 of CrPC for permission to compound the offence. They would also submitted that they have filed their affidavit with respect to compromise arrived at between the parties and in pursuance thereof, the remaining amount of cheque i.e. Rs. 4,35,000/- has been paid by the petitioner to the respondent No.2 and now all the grievances between them have been settled and the complainant/respondent No.2 does not want to prosecute further his complaint. They would also submit that under the provisions of Section 147 of the Negotiable Instruments Act, 1881, the offence of Section 138 of the Negotiable Instrument Act is compoundable in nature and therefore they may be permitted to compound the offence and proceeding of criminal case between the trial court may be quashed.
2.
Learned counsel appearing for the respondent No.2/complainant have not disputed the aforesaid facts.
3. In view of above and also under the facts that the parties have settled their dispute and compromised the matter, the present revision petition is disposed of in terms of the their compromise which amounts to acquittal as provided under Section 320(8) of CrPC and the proceedings of Criminal Case No. 294/2016 with respect to cheque number 294728, pending before the Judicial Magistrate First Class, Sakti, District Janjgir Champa, is quashed in view of the
3 compounding of the offence between the parties. The effect of compounding of the offence is acquittal of the petitioner.
4. Accordingly, the petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved