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Orissa High CourtCRLMC/4161/2011dismissed for defaultnonprosecution

Radheshyam Chanduka v. Shyam Sundar Agarwa

2022-03-07Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.4161 of 2011 Radheshyam Chanduka ....

Petitioner versusShyam Sundar Agarwala ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

07.03.2022 06.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 1st October, 2011 passed by the learned S.D.J.M., Puri in I.C.C. No.50 of 2009 wherein the learned S.D.J.M. has rejected the Petitioner's application asking the Complainant to produce the documents, i.e., Income Tax Return, profit loss statement and ledger and assessment order of the plaint, money lending registered certificates. 3.

No one appears on behalf of the Petitioner when the matter is called. But Mr. Sumit Lal, learned counsel appearing for the Opposite Party No.2 is present. 4.

The case is of the year 2011.

// 2 // 5.

As such, this Court is of the view that the Petitioner is a recalcitrant litigant and does not want to proceed with the matter.

6.

Hence, this CRLMC stands dismissed for nonprosecution. 7.

Interim order dated 29th November, 2011 passed by this Court in Misc. Case No.2855 of 2011 stands vacated. 8.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA