RAMDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant leave to appeal is preferred aggrieved from order dtd. 17/8/2019 in criminal complaint case no. 499/2011 passed by Special Metropolitan Magistrate (NI act cases) no. 10 Jaipur Metropolitan, whereby learned trial court has not only stopped the proceedings but closed the proceedings respondent accused.

(2.) The fact of the matter is that a criminal complaint under Sec. 138 NI act was filed on 22/12/2011 after dishonor of cheque issued by respondent in favour of complainant amounting to ?25 lakhs. After summoning and recording of plea, evidence of complainant was concluded on 4/7/2014. Thereafter when the matter was fixed for examination of respondent accused under sec. 313 Cr.P.C., application under Sec. 91 Cr.P.C. was filed by accused. Since, the matter was fixed for compromise/argument on application but finally on 26/10/2018 learned trial court had passed an order whereby application dtd. 5/10/2018 and 25/9/2018 were disposed of, but before it on 16/4/2018 while taking receipts on record time was granted to accused upto 17/9/2018 for remaining payment. Learned trial court on 26/10/2018 had observed that parties have settled the dispute for an amount of ?19 lakhs and out of which evidence of payment of ?17.15 lakhs is available on record and remaining amount ?1.85 lakhs is due to be paid by accused and for making payment of same, demand draft dtd. 4/10/2018 is submitted on record.

(3.) Thereafter, a detailed order on 8/1/2019 was passed and at the end of the day the matter was closed on 17/8/2019. Hence, this leave to appeal under Sec. 378(4) of Cr.P.C.