RAMBABU GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner as also the complainant- respondent No.2. This misc. petition has been preferred to challenge the order dtd. 31/10/2017, whereby the application for restoration of the criminal appeal has been rejected on the ground that there is no such provision in the Criminal Procedure Code to restore the appeal.

(2.) The relevant facts for consideration are that on the complaint filed by complainant Rajesh Dalmiya against accused Rambabu Goyal for the offence under Sec. 138 of the N.I. Act. Learned trial court convicted the accused Rambabu for the aforesaid offence and punished him with simple imprisonment for two years alongwith a fine of Rs.2.00 lacs. and further simple imprisonment for three months in default of payment of fine. Accused Rambabu preferred an appeal against said judgment, which was dismissed in default by the lower appellate court on 21/6/2014. Thereafter, the parties arrived at compromise on 29/7/2017 and the amount of dishonoured cheque was paid by the accused to the complainant.

(3.) Learned counsel for both the sides admit the fact that compromise has been arrived at between the parties on 29/7/2017, which has also been placed on record as Annexure-3.