Disposed

Harishchand Yadav v. Manoj Kumar Singh

Chhattisgarh HC13 Aug 2025CRR/403/2018

Case brief

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A revision against conviction and sentence under Section 138 NI Act was disposed of after the parties executed a compromise (Samjhouta-patra) providing payment of Rs. 2,50,000 within 40 days. The court permitted compounding of the offence, annulled the conviction and sentence, and treated the revisionist as acquitted on account of compounding.

What the court decided

AI extract

Harishchand Yadav Vs Manoj Kumar Singh — Cheque Dishonour | Chhattisgarh HC (2025)

2025:CGHC:41143

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 403 of 2018

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1 - Harishchand Yadav S/o Late Shri Maituram Yadav Aged About 34 Years R/o- Mopka, Police Station Sarkanda, Tehsil And DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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... Petitioner(s)

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versus

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1 - Manoj Kumar Singh S/o Shri Manharan Singh Aged About 36 Years R/o- Geetanjali City, Sarkanda, Tehsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : Shri Sachidanand Yadav, Advocate For Respondent(s) : Shri K.P.S.Gandhi, Advocate

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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14/08/2025

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Challenge in the present revision is to the order dated 05.04.2018 (Annexure P/1) passed by the Fifth Additional Sessions Judge, Bilaspur, District Bilaspur CG in Cr. A. No. 139/2017 whereby the

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applicant has been convicted under Section 138 of the NI Act and sentenced to undergo S.I. for 01 year and compensation of Rs.11,18,000/- u/S 357(3) of Cr.P.C., in default of payment of fine to further undergo additional imprisonment for six months.

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Pursuant to the order passed by this Court, the parties appeared before the medication Center, High Court of CG, Bilaspur. 3. Learned counsel for the applicant submits that on 21.07.2025, the parties have entered into compromise and agreement has been executed named and styled as “ Samjhouta-patra ” and under the terms of such compromise, learned counsel for the parties are seeking for disposal of this petition. 4. Counsel for the parties submit that as per the compromise, respondent Manoj Kumar Singh will receive the settlement amount of Rs. 2,50,000/- within 40 days as agreed by the revisionist. If the said amount is not paid by the revisionist within 40 days, then the respondent is free to take legal action against the revisionist.

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In view of the observations and in view of the guidelines as laid down by the Apex Court, for compounding the offence under Section 138 of the N.I. Act and taking into account the fact that the parties have settled the dispute amicably by way of compromise, this Court is of the view that the compounding of the offence as required to be permitted. 6. The conviction and sentence under Section 138 of the Negotiable Instruments Act in Cr.A. No. 139/2017 stands annulled as this Court intends, otherwise to secure the ends of justice. The Revision Petitioner shall be treated as acquitted on account of compounding of the offence with the complainant/person affected.

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From perusal of the terms of compromise, prima facie it appears that the terms are reasonable. Accordingly, the present petition stands disposed of in terms of the compromise arrived at between the parties. 8. The impugned conviction and sentence passed in Cr.A. No. 139 of 2017, dated 5.04.2018 passed by the learned V^th Additional sessions Judge, Bilaspur, confirming the conviction and sentence made in Complaint Case No.604 of 2015, dated 07.09.2017 by the learned Judicial Magistrate First Class, Bilaspur are hereby modified. The conviction and sentence under Section 138 of the Negotiable Instruments Act in Cr.A. No. 139 of 2017 stands annulled as this Court intends, otherwise to secure the ends of justice. The Revision Petitioner shall be treated as acquitted on account of compounding of the offence with the complainant/person affected. 9e. In the result, the Criminal Revision Case is disposed of in terms of Joint Memo of Compromise dated 21.07.2025.

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Sd/-

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(Arvind Kumar Verma) Judge

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Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.08.19 12:02:18 +0530

Harishchand Yadav v. Manoj Kumar Singh

Case brief

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What the court decided

Harishchand Yadav v. Manoj Kumar Singh

Case brief

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