Order

10/01/2024

1. When the present petition came on board on 06.12.2023, no one has put in appearance on behalf of petitioner. Today as well, no one has appeared.

2. Since the petition is pending before the High Court for more than 10 years, therefore, with the assistance of counsel appearing for private respondent No.4, the record has been perused and the matter is being considered on merits.

3. It appears from the record that petitioner instituted one criminal complaint being No. 1206/2009 against respondent No.3 Sajjad Ussain in respect of dishonour of cheque amounting Rs.25,000/- invoking the provision under Section 138 of the NI Act. On this complaint, respondent No.3 was convicted for the said offence and punished with simple imprisonment for a period of three months as well as to pay compensation of Rs.40,000/- to the petitioner vide judgment dated 08.04.2011 passed by the Special Judicial Magistrate (NI Act Cases), Kota. Thereagainst, the respondent No.3 preferred Criminal Appeal No. 05/2011.

4. It has been pointed out that during the course of appeal, an application dated 07.09.2011 was presented before the Appellate Court that parties have entered into compromise and therefo