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2025 DAILYLAW 9647 (CHH)

TRILOCHAN NISHAD v. RAIGARH AUTO MOBILES PRIVATE LIMITED

CRR/169/2021 · 2025-10-08

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 169 of 2021 1 - Trilochan Nishad S/o Kushva Nishad Aged About 37 Years R/o Village Jatri, Police Station Pusaur, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - Raigarh Auto Mobiles Private Limited Jagatpur, Police Station City Kotwali, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Roop Naik, Advocate For Respondent(s) : Mr. Swayam Tehanguria, Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 09.10.2025. 1. The present is a criminal revision against the impugned judgment dated 23.02.2021 passed by learned 5th Additional Sessions Judge, Raigarh in Criminal Appeal No. 25/2020 whereby the appeal filed by the petitioner has been dismissed. The petitioner is an accused who has been convicted for the offence under Section 138 of Negotiable Instruments Act, 1881 (in short N.I. Act) by the learned Judicial Magistrate, First Class, Raigarh vide its judgment of conviction and sentence dated 04.01.2020 passed in Complaint Case No. 18/2018 which was challenged by the petitioner before the learned 5th Additional Sessions Judge and dismissal of his appeal, the present Criminal Revision has been filed. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.10 10:03:58 +0530 2 2. During the pendency of the present criminal revision, the parties have amicably settled their dispute and an application for permission to compound the offence and to compromise between the parties have been filed. 3. Heard on I.A. No. 04/2025 which is an application under Section 359 of B.N.S.S. 2023 for grant of permission to compound the offence and to compromise between the parties. 4. Learned counsel appearing for the respondent does not dispute that the parties have entered into the compromise and the amount of cheque has been paid to the Respondent/ complainant. Along with the application, the relevant receipts of the deposition of the amount has also been annexed. 5. Since, the offence of Section 138 of N.I. Act is compoundable offence as provided under Section 147 of the N.I. Act, the parties are permitted to compound the offence and in view of the settlement between the parties and the amount has already been paid to the Respondent/ complainant, the offence is compounded. As a result of composition of the offence of Section 138 of N.I. Act, the impugned judgment dated 23.02.2021 passed by learned 5th Additional Sessions Judge, Raigarh in Cr.A. No. 25/2020 and dated 04.01.2020k passed by learned Judicial Magistrate First Class, Raigarh in Complaint Case No. 18/2018 are set aside. The effect of compromise between the parties is amounts to acquittal of the applicant as provided under Section 359 (8) of the B.N.S.S. 6. The Respondent are permitted to withdraw the amount of Rs. 50,000/- deposited by the accused before the learned Judicial Magistrate First Class, Raipur on 15.03.2021 vide receipt No. 45, Book No. A-79312. 7. In view of the above settlement between the parties, the present criminal revision is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika