PHOOL CHAND SARAOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482, Cr. P. C. is directed against the order dated 14-8-2007 (wrongly mentioned as 14-8-2006) passed by Additional chief Judicial Magistrate No. 8, Jaipur city, Jaipur in criminal case No. 339/2006 whereby the application filed by the petitioner under Section 147 of the Negotiable instruments Act (hereinafter referred to as the 'act') has been dismissed.

(2.) IN the criminal complaint filed by the respondent No. 2 it is alleged that the petitioner issued a cheque bearing number 764959 dated 29-11-2004 for Rs. 74,82,684/-in favour of the respondent No. 2, drawn on The Bank of Rajasthan Ltd. Madrampura Branch which came to be dishonoured on account of insufficient funds in the bank account of the petitioner. The cheque in question is alleged to have been issued by the petitioner for repayment of the loan taken by him from the respondent No. 2. The complaint is pending trial in the Court of Additional Chief Judicial Magistrate No. 8, Jaipur City, Jaipur. The petitioner filed an application in the trial Court under Section 147 of the Act stating therein that with respect to the cheque in question he has already deposited Rs. 20,79,262/- in the competent court in compliance of the order passed by High Court in first appeal filed by the petitioner against a judgment and decree of a Civil Court and the remaining amount as per the above order will also be paid by the petitioner in near future and, therefore, the offence under Section 138 of the Act stands compounded and the complaint filed by the respondent No. 2 deserves to be dismissed. The trial Court by the impugned order has dismissed this application. Aggrieved the petitioner has filed this misc. petition.

(3.) HEARD learned counsel for the petitioner and learned counsel for the respondent No. 2.