RAJENDRA KOTHARI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2008-9-30
HIGH COURT OF RAJASTHAN
Decided on September 02,2008

Rajendra Kothari Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

G.S.SARRAF,J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings against the petitioners in criminal case no. 19/2001 pending before Chief Judicial Magistrate, Baran under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').
(2.) HEARD learned counsel for the petitioners, learned P.P. and learned counsel for the respondent no. 2. The undisputed facts are that the petitioners are facing trial in the court of Chief Judicial Magistrate, Baran in a complaint filed by the respondent no.2 under Section 138 of the Act for dishonour of a cheque of rupees fifteen lakhs. A compromise was reached between the parties and a written compromise was filed in the trial court, a copy of which is Annexure-1. The respondent no.2 has received payment of rupees twelve lakhs as per the terms and conditions of the written compromise.
(3.) LEARNED counsel for the petitioners submits that since the petitioners have made the payment to the respondent no.2 of the total amount of rupees twelve lakhs in accordance with the terms and conditions of the written compromise submitted by the parties in the trial court therefore, the matter stands compromised and the proceedings pending in the trial court deserve to be quashed. .;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.