KAMLESH KUMAR SHARMA Vs. STATE OF RAJ. & ANR.
LAWS(RAJ)-1997-9-63
HIGH COURT OF RAJASTHAN
Decided on September 30,1997

KAMLESH KUMAR SHARMA Appellant
VERSUS
State of Raj. And Anr. Respondents

JUDGEMENT

Arun Madan, J. - (1.) Heard learned counsel for the petitioner and also perused the impugned -order dated 19.2.97 passed by Special Judge scheduled Castes & Scheduled Tribe (Prevention of Atrocities) Cases, court, Jaipur, in Appeal No. 89/96.
(2.) It is very surprising to know that when the compromise had been arrived at and had been accepted by the parties in a civil dispute giving rise to the filing of the complaint against the petitioner under the Negotiable Instruments Act, the Appellate Court has taken a very adverse view of the matter notwithstanding the fact that the payment of amount due to the respondents on account of the dishonoured cheques and particularly when the said amount had been accepted and the compromise having been filed in the Court, there was no reason as to why the Appellate Court should have taken contrary view of the matter.
(3.) Having regard to the facts of the case and the legal position on the subject, I deem it proper to allow this misc. petition. As a result of this, the impugned -order dated 19.2.97 passed by special Judge, SC/ST (Prevention of Atrocities) Cases, Court, Jaipur shall stand quashed and set-aside and the compromise which has already been arrived at between the parties and which has already been placed on the record of the Appellate Court shall be treated as binding and exclusive. As a result of this, the conviction of the petitioner awarded by the Judicial Magistrate No. 8, Jaipur City Jaipur shall stand quashed and set-aside. Petition allowed.;


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