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2021 Supreme(Chh) 151

SANJAY K.AGRAWAL
Ram Kumar Nayak S/o Shankar Lal Nayak – Appellant
Versus
Gajanan Agrawal S/o Gigraj Agrawal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vaibhav A. Goverdhan.

ORDER :

1. Since common question of fact and law is involved in both of these petitions, therefore, they are heard together and are being disposed of by this common order.

2. In both of these petitions, the petitioner/accused and respondent/complainant are one and the same. The respondent/complainant preferred an application under Section 138 of the Negotiable Instruments Act, 1881 before learned Judicial Magistrate First Class, Basna, District Mahasamund in which the petitioner/accused appeared and ultimately on 23.07.2018, final argument was heard and the matter was reserved for pronouncement of order on 30.07.2018 but unfortunately, on that day, the petitioner/accused became unwell and filed an application under Section 317 of Cr.P.C. for exemption from personal appearance which was granted and the matter was then fixed for the next day i.e. 31.07.2018, but on account of petitioner/accused suffering from paralysis, he again could not appear before the Court on 31.07.2018 and the matter was finally fixed for 06.08.2018. On 06.08.2018, when the petitioner/accused still did not appear before that Court, learned trial Magistrate rejected petitioner's application for exemption from per

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