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2012 Supreme(Raj) 2073

NIRMALJIT KAUR
Vimlesh Joshi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:S.D. Purohit, Advocate.
For the Respondent: Ashok Prajapat, P.P.
For the Respondent No. 2:Kapil Bohra, Advocate.

JUDGMENT

1. - This is petition under Section 482 Cr.P.C. against the order dated 4.8.2012 passed by Sessions Judge, Jodhpur Metropolitan in Criminal Appeal No.22/2010, vide which, the appellate court refused to accept the compromise arrived at between the petitioner and the respondent No.2 for the offence under Section 138 of the Negotiable Instruments Act, 1881.

2. The petitioner has been convicted for the offence under Section 138 of the Neotiable Instruments Act by Additional Chief Judicial Magistrate No.4, Jodhpur Metropolitan on 13.12.2011 in Criminal Case No.470/2010. It has been alleged that respondent No.2 filed a private complaint against the petitioner stating therein that family members of the petitioner obtained a loan from it and various documents were executed in respect of this loan by late father of the petitioner, Madan Lal Joshi and it was alleged that the petitioner gave a cheque for Rs. 22,37,000/- for the various outstanding amounts against his family members and the said cheque was dishonoured.

3. The said conviction of the petitioner was challenged before the court of Sessions Judge, Jodhpur by filing an appeal and on the first day of filing the appeal, both th












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