Tilakram v. Shivkumar Chandra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No.485 of 2017 Tilakram, aged about 65 years, S/o Shri Koushal Prasad Gabel, R/o Village Mukta, Thana and Tahsil Malkharoda, District Janjgir-Champa (CG).

---- Petitioner

Versus

Shivkumar Chandra, aged about 35 years, S/o Radheshyam Chandra, Sev Sahakari Samiti Maryadit, Malkharoda Registration No.1618, Thana Malkharoda, District JanjgirChampa (CG). --- Respondent For Petitioner :

Mr. Parag Kotecha, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/04/2017 (1) Heard.

(2) The complaint filed by the petitioner/complainant, which was dismissed by the trial Court vide order dated 29.06.2016 holding that there is no ground for taking cognizance of the offence. That order was affirmed in the revision by the revisional Court against which, this appeal under Section 482 of Cr.P.C. has been filed by the petitioner herein.

(3) Learned counsel appearing for the petitioner would submit that the order declining cognizance on the complaint filed by the petitioner/complainant as well as revisional Court's order is perverse or

contrary to the record and therefore, the impugned order be set-aside. (4) After hearing learned counsel for the petitioner, I find that the finding recorded by trial Magistrate as affirmed by the revisional Court is concurrently finding of the fact based on the record holding that there is no substantial material for proceeding and taking cognizance, I do not find any jurisdictional error in the impugned order. Consequently, the petition deserves to be and is accordingly dismissed.

SD/- (Sanjay K. Agrawal) Judge L/-