LAWS(CHH)-2019-8-73

SUNIL KUMAR TAHALWANI Vs. SANJAY NIHICHALANI

Decided On August 02, 2019
Sunil Kumar Tahalwani Appellant
V/S
Sanjay Nihichalani Respondents

JUDGEMENT

(1.) Petitioner has preferred this CRMP under Section 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for setting aside the impugned order dated 3-1-2018 passed by the Revisional Court in Criminal Revision No. 366/2017and for restoration of the order passed by the trial Court dated 12-7-2017.

(2.) In brief, the case of respondent No. 1 is that he had filed a complaint against the petitioner before the Inspector General, Registrar, Raipur. In the reply petitioner stated that respondent No. 1 is a mentally retarded person. Being aggrieved he filed a complaint case against petitioner under Section 500 of the Indian Penal Code (in short 'IPC'). The JMFC Tilda dismissed the said complaint on 12-7-2017. Being aggrieved he preferred a criminal revision before Addl. Sessions Judge, Raipur who quashed the order of the trial Court and took cognizance against the petitioner under section 500 of IPC. Trial Court considered the civil dispute as a defence for dismissing his complaint which is totally incorrect.

(3.) In brief the petitioner's case is that no case is made out against him. The order of the trial Court is just and proper.