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2022 Supreme(Raj) 1512

PUSHPENDRA SINGH BHATI
Shailash R. Mehta – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Vikas Balia, Sr. Advocate and V.D. Vaishnav, Advocate., for the Appellant
Arun Kumar, PP and Sudhir Saruparia, Advocate., for the Respondents

JUDGMENT

Pushpendra Singh Bhati, J. - This misc. petition has been preferred claiming the following the prayers:-

      "It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be allowed and the order dated 25.01.2018 passed by Additional Sessions Judge, Shahpura Camp Jahajpur, District Bhilwara in Criminal Appeal No. 08/2010 may kindly be quashed and set aside.

      Further, the order dated 29.04.2010 passed by the learned J.M. (J.D.) in case no. 82/2003 may kindly be quashed and set aside."

      2. Learned counsel for the petitioner submits that a complaint was filed under Section 138 Negotiable Instrument Act, 1881 for a cheque to the tune of Rs. 1,57,000/- on 18.12.2002. The complaint was allowed vide order dated 29.04.2010 and one year's simple imprisonment and penalty of Rs. 2,00,000/- was imposed upon the petitioner. Thereafter, the petitioner preferred an appeal before the learned appellate court and also preferred an application under Section 258 of the Cr.P.C. alongwith demand draft of Rs. 4,71,000/- stating that he was prepared to pay the amount of cheque to the complainant seeking quashing of the proceedings. The same was opposed by counsel for t

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