RAJESH KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has sought the quashing of the criminal proceeding under Section 138 of N.I. Act in Complaint Case No.437/2007, pending before the Additional Chief Judicial Magistrate (Senior Division) No.12, Jaipur City, Jaipur.

(2.) On the other hand, Mr. Peyush Kumar, the learned Public Prosecutor, has contended that according to the order dated 24.09.2008, the petitioner's application for reviewing the cognizance order was dismissed. Moreover, since the case has been pending ever since 2007, it must be coming to draw. Therefore, this Court should not interfere as the evidence has already been produced during the course of trial.

(3.) In rejoinder, the learned counsel for the petitioner has frankly admitted that the case is pending for recording the evidence of the defence.