Shiv Shankar Bhatt v. Sanjay Kumar Thakre

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr. M. P. No. 1585 of 2019 Shiv Shankar Bhatt, son of Arya Bhatt, aged about 50 years, resident of Sector02, Strict -3, House No. 27/E Bhilai Nagar, Tehsil and District Durg, Chhattisgarh ----Petitioner

Versus

Sanjay Kumar Thakre, son of Late Shyamrao Thakre, aged about 48 years, resident of Plot No. 3/9, Shastri Nagar, Near Chouhan Plaza Supela Bhilai, Tehsil and District Durg, Chhattisgarh ---- Respondent For Petitioner : Mr. Jitendra Gupta, Advocate. For Respondent : Mr. Yogendra Pandey, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/12/2019 (1) By order dated 29.05.2018, accused/petitioner's opportunity to cross-examine the complainant was closed, against which he preferred revision. The revision was also dismissed by the impugned order dated 19.12.2018, against which this petition under Section 482 of the Cr.P.C. has been preferred. (2) I have heard learned counsel appearing for the parties. (3) Taking into consideration the cause shown by the petitioner for his absence before the trial Magistrate on 29.05.

2018 to cross-examine the complainant; further considering the nature of dispute pending against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, in the ends of justice, final opportunity is granted to the petitioner to cross-examine the complainant on 20th January, 2020 subject to payment of cost of Rs. 5,000/- payable to the complainant. Ordered accordigly. (4) Accordingly, the impugned order dated 19.12.2018 is modified to the extent indicated hereinabove.

(5) With the aforesaid observations, the Cr.M.P. stands finally disposed of. (6) Copy of this order be sent to the concerned trial Magistrate for compliance and needful.

(7) It is made clear the no further adjournment will be granted to the petitioner unless it is unavoidable.

Sd/- (Sanjay K. Agrawal) Judge D/-