Kanwaljit Singh Ahluwalia, J. - (1.) Yashoda Devi-respondent No.2 filed complaint under Section 138 of the Negotiable Instruments Act against Ramswaroop Soni-petitioner and his son Amit Soni performa accused-respondent.
(2.) The court of Judicial Magistrate No.2, Alwar, vide impugned judgment dated 16.08.2012(Annx.1) acquitted present petitioner Ramswaroop but convicted Amit Soni performa accusedrespondent No.2 for offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment. He was also directed to pay Rs.3 lakh as compensation under Section 357(3) Cr.P.C.
(3.) Aggrieved against the same, Amit Soni preferred appeal No.26/2012. It will be pertinent to notice here that acquittal of present petitioner Ramswaroop has attained finality as, no appeal was filed by the complainant.;