Prakash Sachdev Vs Raj Kishore Tejvani

1 - Raj Kishore Tejvani S/o Late Shri Tarachand Tejvani Aged About 55 Years R/o House Of Advocate Vijay Tejvani, Ravigram Telibandha, Raipur (C.G) (Accused)

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--- Respondent(s)

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CRR No. 442 of 2025

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1 - Raj Kishore Tejwani S/o Late Shri Tarachand Tejwani Aged About 55 Years At - Advocate Vijay Tejwani's House, Ravigram Telibandha, Raipur, Chhattisgarh

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---Applicant (s)

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Versus

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1 - Prakash Sachdev S/o Late Chandumal Sachdev Aged About 58 Years At - M-19, Sector-01, Avanti Vihar Colony, Raipur, Chhattisgarh

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---- Respondent

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For Prakash Sachdev : Mr. Prasoon Agrawal, Advocate For Raj Kishore Tejwani : Mr. Manoj Yadav, Advocate

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Hon’ble Shri Arvind Kumar Verma, Judge Order on Board

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03.11.2025

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Since the impugned order in both the criminal revision are common, both

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these criminal revision are being disposed of by this common order.

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Digitally signed by JYOTI JHA Date: 2025.11.11 11:22:33 +0530

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2

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By way of the instant criminal revision No. 598/2025 , the applicant being aggrieved by the judgment dated 17.02.2025 passed by the learned Seventh Sessions Judge, Raipur (C.G.) in Criminal Appeal No. 265/2023, whereby the appellant Court, while deciding the appeal preferred by the respondent/accused, partly allowed the same and set aside the order dated 26.09.2023 passed by the learned trial Court, whereby sentence had been imposed upon the Raj Kishore Tejwani.

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By way of the instant criminal revision No. 448/2025 , the applicant being aggrieved by the judgment dated 17.02.2025 passed by the Hon’ble Seventh Sessions Judge, Raipur C.G. in criminal appeal No. 265/2023, whereby the learned appellant Court has partly afÏrmed the judgment of conviction dated 26.09.2023 passed by the Judicial Magistrate First Class, Raipur.

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This Court vide order dated 24.07.2025 directed the parties to appear before the Mediation Center on 31.07.2025 and it was also directed to submit the mediation report before the Court after conclusion of the mediation proceedings.

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Thereafter, pursuant to the order passed by this Court the parties appeared before the mediation center and they have settled their dispute amicably before the mediation center. The mediation report has been submitted before this Court and in the mediation both the parties entered into an agreement/compromise on 02.09.2025 and mediation report also filed by the Mediator. As such there is no dispute remains between the parties.

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Heard learned counsel for the parties and perused the record.

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The parties herein have sought for the relief of compounding of the offence punishable under Section 138 of the NI Act based on the settlement

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3

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agreement entered into by the parties. The said relief is being sought under Section 147 of the NI Act, which deals with the compounding of the offences. The said provision is reproduced as under:

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"147. Offences to be compoundable.--

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Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable."

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In the instant case, the parties herein i.e., the complainant/applicant and the accused/applicant through Mediator have amicably settled the matter and the complainant- Prakash Sachdev, who is the aggrieved, has stated that he has no objection in compounding of such offence, thereby, giving his consent for the same.

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Therefore, taking in view of the provisions of Section 147 of the NI Act, as well as the terms and conditions of the settlement agreement, the offence under Section 138 of the NI Act stands compounded. Accordingly, the applicant- Raj Kishore Tejwani is, hereby, acquitted of the charge.

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Accordingly, Criminal Revision No. 442/2025 stands allowed and Criminal Revision No. 589/2025 stands dismissed .

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Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance.

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Sd/- ( Arvind Kumar Verma ) Judge

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Jyoti

Prakash Sachdev v. Raj Kishore Tejvani

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Prakash Sachdev v. Raj Kishore Tejvani

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