1 2026:CGHC:12882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 120 of 2019 Mohd. Hanif Sakariya S/o Abdul Gani Sakariya Aged About 57 Years R/o Shri Ram Nagar, Kanker, P.S. Kanker, District North Bastar Kanker Chhattisgarh ... Applicant versus Smt. Janki Agrawal W/o Ashish Agrawal Aged About 28 Years R/o Subhash Ward, Kanker, P.S. And Tehsil Kanker, District North Bastar Kanker Chhattisgarh ... Respondent For Applicant : Mr. Viprasen Agrawal, Advocate For Respondent : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18/03/2026 1. The applicant Mohd. Hanif Sakariya was charged under Section 138 of the Negotiable Instruments Act for the dishonour of Cheque No. 024829, dated 26.05.2016, for an amount of 2.5 lakhs due to insufficient funds. ₹ BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.03.20 13:04:41 +0530 2 2. The trial Court i.e. CJM, North Baster Kanker (CG) vide judgment dated 14.05.2018 in Criminal Case No. 787/2017 convicted the applicant for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo rigorous imprisonment for 6 months and pay fine/compensation of Rs.2,50,000/-, in default of payment of fine to undergo additional RI for 1 month. 3. Being aggrieved by the said judgment, the applicant preferred an appeal i.e. Criminal Appeal No. 16/2018 before the Sessions Judge, North Baster Kanker (CG). The appellate Court, vide impugned judgment dated 09.07.2018, dismissed the appeal affirming the judgment passed by the trial Court, leading to the filing of this revision. 4. Learned counsel for the accused/applicant submits that the applicant is no longer in contact with him. He had sent a letter to the applicant in which a report has been received that the applicant has already sold his house and left the place. 5. Pursuant to this Court's order dated 17.02.2026, a report has been received from the Jail Superintendent, District Jail, Kanker, through the concerned trial Court. The report shows that the applicant was released from jail on 31.07.2020 after completion of his jail sentences in other 3 cases, adjusting the period of remission granted for good conduct and labor and receiving the benefit of public holidays. 6. Learned counsel for applicant submits that since the applicant has already served the entire jail sentence and has been released from the jail, the trial Court may proceed with the recovery of the remaining fine/compensation amount and the present revision may be disposed of. 7. Despite service of notice, there is no representation on behalf of the respondent. 8. Heard learned counsel for the applicant and perused the record. 9. In this case, the applicant has already served the jail sentence imposed under Section 138 of NI Act. However, the fine/compensation amount has not yet been recovered. 10. Consequently, there is no justification for keeping this revision petition pending. The trial Court is at liberty to proceed with the recovery of the remaining fine/compensation amount in accordance with the law. 11. With the aforesaid direction/observations, the present revision stands disposed of. 12. Let the record of the trial Court along with a copy of this 4 order be sent back forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai