Jugraj Singh Rajput vs Pratap Tredas Thr
2022 Latest Caselaw 4333 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                                       BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                            ON THE 28th OF MARCH, 2022

                  MISC. CRIMINAL CASE No. 10803 of 2022

         Between:-
         JUGRAJ SINGH RAJPUT S/O SHRI TARVER SINGH
         RAJPUT , AGED ABOUT 35 YEARS, OCCUPATION:
         KARSHI BEDANKHEDI TAPRIYA BAIPASS ROAD
         GANJBASODA VIDISHA AT PRE. PRABHANAGAR
         GRAM BEHLOT P.S. GANJBASODA (MADHYA
         PRADESH)

                                                                     .....PETITIONER
         (BY SHRI ARVIND SINGH RANA, ADVOCATE )

         AND

         PRATAP TREDAS THR PRO. PRATAPRAI BALECHA
         S/O SHRI KISHANCHAND BALECHA WARD NO. 20
         KIRI MOHALLA SHANKAR JI KE MANDIR KE
         PASS VIDISHA P.S. CITY KOTWALI (MADHYA
         PRADESH)

                                                                   .....RESPONDENT


      This petition coming on for hearing this day, the court passed the following:
                                       ORDER

This petition under Section 482 of Cr.P.C. has been filed by the petitioner against the order dated 29/11/2021 passed in Criminal Revision No.19/2021 by

Third Additional Sessions Judge, Vidisha (M.P.), whereby interim order dated 28/07/2021 passed in S.C.N.I.A. No. 46/2017 by Judicial Magistrate First Class, Vidisha, has been affirmed.

Learned counsel for the petitioner submits that the petitioner, by way of present petition, seeks quashing of aforesaid orders dated 28/07/2021 & 29/11/2021 passed by the Courts below respectively, whereby the application filed by the petitioner for calling the record has been rejected. It is further submitted that on the date of judgement, counsel for the petitioner conveyed to the petitioner that due to COVID-19 restrictions, there is no need of his appearance before the Court,

therefore petitioner remained absent before the trial Court on the said date of judgment. His absence is bonafide. The cheque issued by him on account of

business transaction is going to be misused by the complainant of this case. It is also submitted that as the petitioner is bonafide and willing to proof the relevant documents which are in custody of the complainant, therefore prayed to allow this petition by quashing the impugned orders.

Heard learned counsel for the petitioner and perused the documents available on record.

It is apparent from the perusal of documents available on record that on 27/07/2018, statements of complainant were completed and the case was fixed for examination of accused and thereafter case was fixed for judgment on 20/09/2018.

On the date of judgment, petitioner remained absent and thereafter absconded. The relief sought was inordinately delayed and without any bonafide. Therefore, considering the aforesaid facts of the case, this Court is not inclined to grant any relief to the petitioner as the petition is devoid of merits.

Consequently, this petition stands dismissed being devoid of merits.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2022.03.28 18:01:40 +05'30'