LAWS(MPH)-2023-7-126

R.S. BAGADIYA Vs. RAJGAURAV TIWARI

Decided On July 20, 2023
R.S. Bagadiya Appellant
V/S
Rajgaurav Tiwari Respondents

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 of Cr.P.C for quashing of order dtd. 31/5/2022 passed in Criminal Revision No.22/2022.

(2.) Brief facts of the case are that petitioner is accused before trial Court in complaint case. Respondents had entered into an agreement on 15/1/2021 for construction of a building of Khasra No.170/4 and Plot measuring 15x65=3250 square feet and an amount of Rs.12,50,000.00 was paid to him through cheques. After receiving the amount, accused refused to execute registered sale-deed in respect of said plot and building. Since sale-deed was not executed, therefore, amount has been returned through cheque by accused. Said cheque got bounced from the Bank and, therefore, complaint under Sec. 138 of Negotiable Instruments Act was filed and allegations were also made in respect of committing offences under Sec. 417, 420 of IPC.

(3.) Said complaint case was fixed for recording of evidence of complainant. On 16/2/2022, right of cross-examination of complainant namely Rajgaurav Tiwari was closed as on 6/12/2021, accused was informed of his right to cross-examine the witnesses and if he wants to cross-examine the witnesses, then he has to file his defence. Despite being informed, defence was not filed, therefore, right was closed vide order dtd. 16/2/2022. Petitioner filed criminal revision against said order and same was dismissed.