G. Babu Rao v. Shanti Vijay Traders & Another

Chhattisgarh HC7 Oct 2025CRR/280/2019

Case brief

AI extract

What is this about?

S.138 NI Act conviction and sentence set aside on compounding under S.147 NI Act 1881 following amicable settlement; effect of compromise amounts to acquittal under S.359(8) BNSS 2023; settlement of Rs. 3,30,000/- (Rs. 99,000/- deposited in trial Court on 29.03.2019, balance Rs. 2,01,000/- paid to complainant); withdrawal of deposited amount permitted; CRR No. 280 of 2019; High Court of Chhattisgarh at Bilaspur; Mahasamund; Justice Ravindra Kumar Agrawal; criminal revision disposed of.

What did the court decide?

Conviction and sentence set aside; effect of compromise recorded as acquittal under Section 359 (8) of BNSS, 2023; complainant permitted to withdraw Rs. 99,000/- deposited before the trial Court; criminal revision disposed of. ¶¶26

G. Babu Rao Vs Shanti Vijay Traders & Another — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal revision against conviction under Section 138 NI Act can be disposed of in view of the amicable settlement between the parties and compounding of the offence under Section 147 NI Act.

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Court's answer

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.

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Ratio / Principle

In view of the settlement between the parties, the impugned judgment of conviction and sentence dated 13.02.2019 passed by the learned Sessions Judge, Mahasamund in Criminal Appeal No. H 71/2018 is set aside.

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Key takeaways

The judgment dated 31.07.2018 passed by the learned Judicial Magistrate First Class, Mahasamund in Criminal Complaint Case No. S728/2016 is likewise set aside.ratio¶¶24
The effect of compromise between the parties amounts to acquittal as provided under Section 359 (8) of BNSS, 2023.ratio¶¶24
The complainant is permitted to withdraw the amount of Rs. 99,000/- deposited before the learned trial Court on 29.03.2019 (Receipt No. 69 Book No. A-61190).

Detailed headnote1 paragraphs

Criminal revision (CRR No. 280 of 2019, decided 08/10/2025) by the convicted accused against the judgment dated 13.02.2019 of the learned Sessions Judge, Mahasamund in Criminal Appeal No. H-71/2018 dismissing his appeal against conviction under Section 138 of the Negotiable Instrument Act, 1881 and sentence of R.I. for 06 months with compensation of Rs. 3,30,000/- (JMFC, Mahasamund, Criminal Complaint Case No. S728/2016, judgment dated 31.07.2018). Pending the revision the parties amicably settled: Rs. 99,000/- was deposited before the trial Court on 29.03.2019 (Receipt No. 69 Book No. A-61190) and the balance Rs. 2,01,000/- was deposited in the complainant's bank account; Respondent No.1/complainant verified compliance and did not wish to prosecute further. Holding that the offence under Section 138 NI Act is compoundable under Section 147 NI Act, 1881, the Court permitted the parties to compound, set aside the judgments dated 13.02.2019 and 31.07.2018, held that the effect of compromise amounts to acquittal under Section 359 (8) of BNSS, 2023, permitted the complainant to withdraw the deposited Rs. 99,000/-, and disposed of the revision. Coram: Ravindra Kumar Agrawal, J.

2025:CGHC:50234

NAFR

Digitally signed by ALOK ALOK SHARMA SHARMA Date: 2025.10.09 10:52:52 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 280 of 2019

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1 - G. Babu Rao S/o G. Shambha Murti, R/o Village- Labhrakurd, Behind Shanti Vijay Hospital, Occupation Address- Labhrakhurd, National Highway 353, ThanaMahasamund, Tahsil And District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh

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... Petitioner(s)

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versus

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1 - Shanti Vijay Traders & Another Proprietor Akash Jain S/o Ashok Jain, R/o Village- Komakhan, Thana- Komakhan, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh

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2 - State Of Chhattisgarh Through Collector Mahasamund, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh

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... Respondent(s)

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For Petitioner : Mr. Dheerendra Pandey, Advocate. For Respondent No.1 : Mr. Raghvendra Pradhan, Advocate.

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For Respondent No. 2 /State : Ms. Laxmeen Kashyap, Panel Lawyer.

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Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

08/10/2025

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.

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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.

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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.

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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

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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.

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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.

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6 . With the aforesaid observation, the present criminal revision is disposed of.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Alok

G. Babu Rao v. Shanti Vijay Traders & Another

Case brief

What is this about?

What did the court decide?

G. Babu Rao v. Shanti Vijay Traders & Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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