Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:22210
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1148 of 2023 Guha Manikpuri S/o Late Birbal Das Aged About 43 Years R/o House No. S.F. 789, C.S.E.B. Colony Korba East, Tehsil And District Korba, C.G.
... Applicant versus Gajendra Singh Nishad S/o Phool Singh Nishad Aged About 39 Years R/o House No. S.F.- 547, C S E B Colony, Awasiya Parisar Korba, Tehsil And District Korba, C.G.
... Respondent For Applicant : Shri Ashutosh Shukla, Advocate. For Respondent :
Ms. Chetna Sharma, Advocate. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 12/05/2026
1. This revision preferred by the accused/applicant under Section 397/401 of Code of Criminal Procedure is directed against the judgment dated 21.09.2023 passed by the 1st Additional Sessions Judge, Korba, Dist. Korba in Criminal Appeal No.69/2021 filed by the applicant, Guha Das Manikpuri against the judgment dated 04.10.2021 passed by the J.M.F.C. Korba, in Criminal Case No.4499/2018 whereby he was convicted under Section 138 of the NI Act and sentenced to SI for 3 months and to pay fine amount of Rs.8,64,000/- as compensation under Section 357 (3) of Cr.P.C. The learned appellate Court partly allowed the appeal and while affirming the conviction under Section 138 of the N.I. Act, modified the sentence from three months’ simple imprisonment till rising of the Court and enhanced the compensation to Digitally signed by ALLENA ANJANI KUMAR Date: 2026.05.13 18:07:27 +0530
2 16,00,000/- as compensation under Section 357 (3) of Cr.P.C. with default stipulation. Aggrieved therewith, the applicant Guha Das Manikpuri has preferred the instant revision before this Court. 2. Learned counsel for the parties submit that amicable settlement has been arrived at between the parties and in that behalf, the parties have filed applications ( I.A.No.04/2026 & I.A.No.05/2026) before this Court for compromise. 3. Heard on I.A.No.04/2026 filed by the accused/applicant and I.A.No.05/2026, which is an application for taking compromise on record, filed by respondent/complainant for compromising the matter and for acquittal of the applicant of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, the NI Act). 4.
Learned counsel for the parties submit that as per terms of the agreement, the respondent will receive total Rs.8 lakhs, out of which, the respondent had already received a sum of Rs.6 lakhs by way of demand draft and for remaining Rs.2 lakhs he had received by virtue of post dated cheque and since the dispute between them has already been settled, therefore, there was no dispute existed between them. 5. In view of settlement arrived at between the parties, I see no reason to keep this matter pending. Therefore, both the applications are allowed. 6. On the basis of the matter being compounded by the complainant/Respondent under Section 147 of N.I.Act, the applicant is acquitted of the offence under Section 138 of the NI Act. 7. In view of what has been stated above, the revision stands disposed of. Sd/-
(Radhakishan Agrawal)
JUDGE Anjani