JAYRAJ CHOUBEY Vs. DINESH PUJARI

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dtd. 21/10/2021 whereby the learned 7th Additional Sessions Judge, District Ujjain has stayed the proceedings of S.T. No.407/2019 on an application filed by the respondent.

(2.) The present petitioner filed a complaint under Sec. 200 of Cr.P.C. seeking cognizance under Sec. 420, 467, 468 and 471 of IPC alleging that the respondent/accused forged the agreement to sale dtd. 20/4/2003 as well as receipt of Rs.1,50,000.00 to grab his land. The petitioner got examined the these documents from Kumari Yogita Singh, Hand Writing Expert, who gave an opinion that signature of the applicant in receipt is forged. Vide order dtd. 3/11/2017, the Court found prima facie and accordingly took cognizance in it by issuing summon to the respondent.

(3.) In the present case the respondent filed suit for specific performance before the Civil Court in the year 2011 seeking decree of specific performance of contract dtd. 20/4/2003, however, the said suit had been dismissed and against which First Appeal No.319/2017 is pending before this Court for adjudication. Vide order dtd. 9/8/2017, protection was given to the respondent by this High Court.