MOHAN LAL AGRAWAL Vs. RUDMAL AGRAWAL

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Cr.P.C. challenging the order dtd. 21/6/2017 (Annexure P/1) passed by Sessions Judge, Korba, District- Korba (C.G.) in Criminal Revision Case No. 12/2017 by which the Revisional Court has dismissed the revision and affirmed the order dtd. 30/5/2015 (Annexure P/10) passed by Chief Judicial Magistrate, Korba (C.G.) in Complaint Case No. 625/2014, by which the learned Chief Judicial Magistrate, Korba, District- Korba (C.G.) has rejected the application filed by the petitioner for examination of cheque through handwriting expert as per provisions of Sec. 45 of the Indian Evidence Act.

(2.) This case has long story as various cases have been in various forum used for redressal of the grievance including filing of SLP before Hon'ble the Supreme Court by the parties .

(3.) The brief facts as projected by the petitioner are that a notice under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the Act, 1881") was issued to the petitioner by respondent/ complainant alleging that in order to sell his land, an agreement was executed between the petitioner and the complainant. Accordingly, on 23/10/2011, the complainant paid Rs.61,00,000.00 to the accused and the accused has also given him a receipt of the same. However, subsequently, the petitioner expressed his inability for execution of sale deed and both the parties agreed to cancel the agreement executed between them. It was agreed by the petitioner that he will compensate the complainant and he will pay a sum of Rs.1,60,000,00.00 in lieu of Rs.61,00,000.00 received as advance money.