Disposed

Vyas Pathak v. Paramjit Singh Gandhi

Chhattisgarh HC10 Mar 2022CRMP/421/2022

Case brief

AI extract

What is this about?

In CRMP No. 421 of 2022, the Chhattisgarh High Court directed a stay on the complaint case before the Judicial Magistrate pending the disposal of revision No. 532/2019 filed by the petitioner to reopen his right to lead evidence. The Court observed that adjudication of the current case would render the pending revision infructuous if it reopened evidence.

What did the court decide?

Direction to stay proceedings in the complaint case before the Judicial Magistrate until the revision No. 532/2019 is decided on merits.

Vyas Pathak Vs Paramjit Singh Gandhi — Civil Procedure and Limitation | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 421 of 2022

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Vyas Pathak S/o late Shri Kanti Kumar Pathak Aged About 38 Years R/o Behind Subhash Stadium, Ahmad Ji Colony Civil Line Raipur, District Raipur, Chhattisgarh.

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---- Petitioner

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Versus

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Paramjit Singh Gandhi (As Per Memo Of Revision) S/o Shri Gurudayal Singh Gandhi, R/o C-13/3 Near Wakf Board Office, Devendra Nagar, Raipur, District Raipur, Chhattisgarh.

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----Respondent

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For petitioner – Shri Akhand Pratap Pandey, Advocate.

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Hon'ble Shri Justice Goutam Bhaduri Order

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10/03/2022

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Heard.

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The short question involved in this case is that the petitioner who is a complainant in a case under Section 138 of the Negotiable Instruments Act his right to evidence was closed on 23/07/2019 against which a revision was preferred which is bearing No.532/2019 wherein an application was filed on 12/01/2022 that despite notice the respondent in the revision is not appearing whereas before the trial court only short dates are being given for examination of the accused. He would submit that if the revision of the petitioner is allowed, then it will reopen the case before the trial court to lead the evidence and in the eventuality the statement of the accused is recorded and orders are passed, then in such case the revision shall become infructuous.

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Having perused the order dated 23/07/2019 passed by the JMFC, Raipur it shows that the right to lead evidence was closed for which a revision was preferred which is pending bearing No.532/2019. In the meanwhile, it is obvious that if the complaint case is adjudicated, then the revision which is filed to reopen the evidence of the petitioner shall become infructuous.

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Under the circumstances, it is directed that till the revision No.

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532/2019 is decided on merits, there shall be stay of the proceeding of the complaint case before the Judicial Magistrate. The revisional court may decide the revision No. 532/2019 within a short span of time.

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With such observation, the petition stands disposed of.

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Sd/(Goutam Bhaduri) JUDGE

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gouri

Vyas Pathak v. Paramjit Singh Gandhi

Case brief

What is this about?

What did the court decide?

Vyas Pathak v. Paramjit Singh Gandhi

Case brief

What is this about?

What did the court decide?

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