Govind Singh Yadav vs Rajveer Singh Parmar
2022 Latest Caselaw 7840 MP

Citation : 2022 Latest Caselaw 7840 MP
Judgement Date : 15 June, 2022

Madhya Pradesh High Court

Govind Singh Yadav vs Rajveer Singh Parmar on 15 June, 2022

Author: Anand Pathak

                                        1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                            MCRC No. 18997 of 2022
                     (GOVIND SINGH YADAV Vs RAJVEER SINGH PARMAR)

Dated : 15-06-2022
        Shri Vijay Dutt Sharma, learned counsel for the petitioner.

        Heard on admission as well as I.A.No. 6109/2022, an application for
stay.
        At the outset, learned counsel for the petitioner refers the judgment
passed by Apex Court in the case of Satish Mehra Vs. State of NCT of
Delhi, (2012) 13 SCC 614 and submits that petition under Section 482 of

Cr.P.C. can be filed at any stage of trial/complaint pending before the trial
Court. It is further submitted that earlier vide partnership deed dated 24/10/2016
(Annexure P/4), they entered into agreement to act as partners in respect of
works referred into it but due to some reasons this partnership could not
continue and vide dissolution of partnership deed dated 1/12/2017 they parted
their ways and one of the conditions was that there is no transaction left
between the partners and no amount is to be paid by petitioner to complainant.
Therefore, there is no legally recoverable debt exists against the petitioner to
pay. Still trial Court took cognizance over the complaint filed by complainant

under Section 138 of Negotiable Instrument Act.
        Issue notice to respondent by RAD post on payment of process fee

within seven working days failing which petition shall stand dismissed without further reference to the Court. Notice be made returnable within four weeks.

Till next date of hearing further proceeding in RCT No. 161/2018 (Special case N.I. Act) pending before JMFC, Morena shall remain stayed.

List after service of notice.

Certified copy as per rules.

(ANAND PATHAK) JUDGE

JPS/-

JAI PRAKASH Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e38ce14

SOLANKI fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433EBD48AE 4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.06.16 10:22:10 +05'30'