Munnilal v. P.N. Prasad And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 932 of 2014 Munnilal S/o Buddhudas aged about 67 years, R/o Camp No. 01 Behind Shiv Mandir, ward no. 19, Vrinda Nagar, Bhilai, P.S. Chhavni, Tah & Distt. Durg C.G.

---- Petitioner

Versus

1. P.N. Prasad S/o Late Ramdwarika Prasad, aged about 67 years

2. Rakesh Kumar Gupta S/o Surendra Prasad Gupta, Aged about 26 years Both R/o Vaishali Nagar Road, P.S. Jamul, Kailash Nagar, Plot No. 58, Near Masjid, Tah & Distt. Durg CG ---Respondents For Petitioner : Mr. Arvind Dubey, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12.04.2019

1. Petitioner's complaint against the respondents for committing offence under Sections 420, 467, 468, 294, 506 of Indian Penal Code including Section 3(1)(10) of SC/ST Act was rejected by the trial Court and upheld by the revisional Court, against which the petition has been filed.

2. Learned counsel for the petitioner submits that the order passed by the two Courts below are unsustainable and bad in law.

3. Both the Courts below have clearly recorded finding that the petitioner has taken a loan or Rs. 85,000 /- from the non-applicant No. 1 and for which he has filed complaint under Section 138 of Negotiable Instruments Act, 1881 and as a counter blast, the present complaint has been filed by complainant against the respondents which is nothing but the abuse of process of the Court.

4. The Said finding recorded by the two Courts below is the finding of fact based on material available on record which is neither perverse nor contrary to the record.

5. Consequently, I do not find any good ground to entertain this present petition under Section 482 of the Cr.P.C.

6. Accordingly, the CRMP is dismissed with the aforesaid observation. Sd/- (Sanjay K. Agrawal) Judge Pawan