LAWS(RAJ)-2013-10-182

AJAY GUPTA Vs. STATE AND ANOTHER

Decided On October 30, 2013
AJAY GUPTA Appellant
V/S
State And Another Respondents

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed against the judgment dated 9.12.2011 passed by the Addl. District and Sessions Judge (FT) No.8 Jaipur Metropolitan, Jaipur in Cr. Appeal No. 40/2011, whereby the court has rejected the application for deposition of 15% amount under section 138 of Negotiable Instrument Act (hereinafter referred to as 'the said Act').

(2.) The brief facts of the case are that a complaint u/s 138 the said Act was filed against the accused petitioner. Accused petitioner moved an application to this effect that he is ready and willing to deposit 15% of cheque amount. He has in fact deposited the some amount but court has declined to record compromise, hence by this petition, direction may be issued to court below to compromise the matter u/s 138 of the said Act.

(3.) The contention of the counsel for the respondent no.2 is that the complainant did not ready to compromise the offence and hence there is no infirmity in the impugned order.