Abhishek Singh vs State Of Chhattisgarh
2022 Latest Caselaw 2547 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                     CRMP No. 593 of 2022

                           Abhishek Singh Versus State Of Chhattisgarh

    2


20.04.2022           Mr. Himanshu Pandey, counsel for the petitioner.


                     Mr. Sanjay Pathak, PL for the State / respondent No.1, on advance

copy.

Heard.

Learned counsel for the petitioner refers to the FIR and submits that

complaint was made by respondent No.2 in lieu of amount of Rs.2 crores,

only goods worth of Rs.1,05,68,529/- were supplied to respondent No.2.

He further submits that the nature of transaction would clearly fall under

the commercial one and no criminality can be attached to it. He further

submits that specific averments have been made by the petitioner that

goods more than worth of Rs.2 crores have been supplied. In support of

his submission, learned counsel for the petitioner refers to the judgment

passed by the Supreme Court in matter of Archana Rana vs. State of

Uttar Pradesh and another (Criminal Appeal No.167/2021, decided

on 01.03.2021) and would submit that nature of transaction herein would

be clearly commercial one.

Issue notice to the respondents. Process fee as per rules. Considering the contents of the FIR, further proceedings against the

petitioner in Criminal Case No.6533/2021 (State of Chhattisgarh vs.

Abhishek Singh) pending before the JMFC, Raipur shall remain stayed till

the next date of hearing.

Sd/-

(Goutam Bhaduri) Judge

Ankit