GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner-complainant for withdrawal of the Criminal Regular Case No. 1533/2006 pending against the accused-respondent No. 2 in the court of learned Judicial Magistrate No. 1 Udaipur.

(2.) Learned counsel for the petitioner submits that the petitioner-complainant and accused-respondent No. 2 have entered into a compromise in the spirit of Lok Adalat and the petitioner has received all the amount from the respondent and does not want to proceed with the matter. It is also submitted that earlier, this Court acquitted the respondent No. 2 from the offence under Sec. 138 of the N.I. Act vide order dtd. 22/11/2013 subject to payment of balance amount of Rs.45,000.00 towards the total amount awarded by the trial court. The complainant in pursuance of the said order dtd. 22/11/2013 submitted an application for withdrawal of the case before the trial court stating therein that he had received all the amount but the compromise has not been taken on record yet. The compromise arrived in between the parties dtd. 16/10/2015 is placed on record.

(3.) I have considered the arguments advanced by counsel for the parties and perused the order dtd. 22/11/2013 as well as compromise dtd. 16/10/2015.