Yogeshwar Dhar Deewan( Wrongly ... vs Tularam Sahu
2022 Latest Caselaw 4176 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                               Order Sheet

                                         CRMP No. 950 of 2022

Yogeshwar Dhar Deewan (wrongly mentioned as Yogeshdhar Deewan) Versus Tularam Sahu
                                                                   and State of C.G




01.07.2022          Mr. Anil Pillai, Advocate with Mr. Anupam Dubey, counsel for the

             Petitioner.

                    Ms. M. Asha, Panel Lawyer, for the State.

                    Heard.

                    The petition is admitted for hearing.

                    Issue notice to respondent no.1 on payment PF as per rules.

Also heard on I.A.No.1/2022 for grant of interim relief/stay.

Issue notice on this application as above.

Learned counsel for the petitioner submits that in a complaint made u/s

138 of Negotiable Instruments Act, an application was filed u/s 45 of the Indian

Evidence Act to get the instrument examined by the expert. The said

application was kept in abeyance, however, the main complaint was decided

on merits. After decision of the complaint on merit, the Accused/Petitioner

filed revision before the appellate Court and the appellate court found that the

original application u/s 45 of the Indian Evidence Act was not adjudicated and

remanded the case to the learned Magisterial Court and the Magisterial Court

without touching upon the merits only adjudicated the application u/s 45 and

thereafter sent back to the appellate Court.

Considering the issue involved, prima facie it appears that final order

passed at the initial stage on merits was not touched while adjudicating the

application under section 45, which may have direct bearing on the case.

Having regard to such facts situation, there shall be stay on effect and operation of the judgment dated 19.02.2019 (Annexure P-2) and the judgment

dated 23.04.2022 (Annexure P-1) till the next date of hearing.

Cc as per rules.

Sd/-

(Goutam Bhaduri) Judge

Rao