RAJENDRA KUMAR VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner happens to be an accused of prosecution under Sec. 138 of the NI Act. During the course of the trial, on 17/4/2023 he made a payment of Rs.1.00 lakh to the complainant which was received by him, whereafter some proceedings were undertaken in the trial and the case was posted on 5/2/2024 for final argument. On 3/7/2024 complainant moved an application under Sec. 257 Cr.P.C. for withdrawal of the complaint. Learned trial court allowed the complainant to withdraw the case and the petitioner was acquitted from the charges on the ground of complaint being withdrawn by the complainant.

(2.) The petitioner moved an application on 6/7/2024 contending therein that he made payment to the complainant under the instruction of the Court and therefore, the amount which was paid by him to the complainant be refunded back to him because he has been acquitted. Learned trial court has dismissed the application vide order dtd. 10/7/2024 which is under assail before this Court.

(3.) I have pondered over the issue. There is nothing on record and even learned counsel for the petitioner fairly concedes that no written instruction is available on record regarding the fact that the presiding officer may have directed the petitioner to pay Rs.1.00 lakh to the complainant. Secondly, the amount of Rs.1.00 lakh was paid by the petitioner on 17/4/2023 but nowhere any condition is incorporated in any application that in the event he would get acquittal, he would be entitled to get back the amount. There was no condition precedent that in the event of dismissal of the complaint the accused shall be entitled to get the amount back from the complainant. It seems that the petitioner has willingly handed over the amount to the complainant during the course of trial way before its culmination.