[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 21/2008 RAMRATAN GHIYA Vs. SATYANARAIN KHANDELWAL & ANR. Date: 12.08.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Tara Chand Sethi for the complainant-appellant. Mr. B.S. Chhaba, Public Prosecutor for the State. Mr. Vinod Tamoliya for the accused-respondent. **** The present criminal leave to appeal under Section 378(4) Cr.P.C. is directed against the judgment dated 31.10.2007 passed by the Additional Chief Judicial Magistrate No.3, Jaipur City, Jaipur in Criminal Case No. 1042/2000, whereby the accused-respondent has been acquitted from the offence under Section 138 of the Negotiable Instrument Act. I have heard rival submissions of the respective parties and carefully gone through the impugned judgment dated 31.10.2007 passed by the Court below as also the material available on the record. The Court below has rejected the complaint filed on behalf of the complainant/appellant on the ground that during pendency of this criminal complaint, the parties have entered into a new agreement and it is also not disputed that the principle amount with pendentelite interest has [2] already been paid to the complainant/appellant against the cheques issued by the accused- respondent. Further as per the agreement executed between the parties, the appellant has filed a suit for specific performance and that too was decreed in favour of the appellant. Considering all these facts, the criminal complaint filed on behalf of the complainant/appellant has been rejected and the accused-respondent has been acquitted from the offence under Section 138 of the Negotiable Instruments Act by the Court below vide impugned judgment dated 31.10.2007. In the facts and circumstances of the case and after carefully going through the material available on the record, this Court do not find any illegality or error in the impugned judgment dated 31.10.2007 passed by the Additional Chief Judicial Magistrate No.3, Jaipur City, Jaipur and the same requires no interference by this Court. Consequently, the criminal leave to appeal fails being devoid of merit and the same is hereby dismissed. Record be sent back forthwith. (K.S. RATHORE),J. /KKC/