VIMLESH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is petition under Section 482 Cr.P.C. against the order dated 4.8.2012 passed by Sessions Judge, Jodhpur Metropolitan in Criminal Appeal No.22/2010, vide which, the appellate court refused to accept the compromise arrived at between the petitioner and the respondent No.2 for the offence under Section 138 of the Negotiable Instruments Act, 1881. The petitioner has been convicted for the offence under Section 138 of the N.I. Act by Additional Chief Judicial Magistrate No.4, Jodhpur Metropolitan on 13.12.2011 in Criminal Case No.470/2010. It has been alleged that respondent No.2 filed a private complaint against the petitioner stating therein that family members of the petitioner obtained a loan from it and various documents were executed in respect of this loan by late father of the petitioner, Madan Lal Joshi and it was alleged that the petitioner gave a cheque for Rs.22,37,000/- for the various outstanding amounts against his family members and the said cheque was dishonoured.

(2.) THE said conviction of the petitioner was challenged before the court of Sessions Judge, Jodhpur by filing an appeal and on the first day of filing the appeal, both the parties viz. petitioner and respondent No.2 submitted a joint application Annexure-2 before the appellate court, in which, it was mentioned that the respondent No.2 has obtained the outstanding amounts from the petitioner and nothing remains to be recovered now from him and the respondent No.2 does not want to continue any proceedings against the petitioner. However, the appellate court after hearing arguments on the joint compromise application dated 11.1.2012 directed the petitioners, before accepting the compromise, to deposit 15% of the cheque amount in the account of District Legal Services Authority in view of the judgment rendered by Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. Accordingly, the application was dismissed. Aggrieved thereby, the present petition has been filed under Section 482 of the Cr.P.C.