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2021 Supreme(Chh) 327

NARENDRA KUMAR VYAS
Sanjay Kumar Vaid S/o Late Hukmichand Vaid – Appellant
Versus
Champa Lal Vaid S/o Nagraj Vaid – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Raj Kumar Pali, Advocate
For the Respondent:Shri K.A. Ansari, Sr. Advocate with Shri Aman Ansari, Advocate, Shri Hariom Rai, Panel Lawyer

ORDER :

1. The petitioner has filed the present Cr.M.P. under Section 482 of the Cr.P.C. challenging the order passed by the Additional Sessions Judge (F.T.C.) Kabirdham in Criminal Revision No. 24/2016 whereby learned Revisional Court, while dismissing the petition of the petitioner, has affirmed the order of the registration of criminal case against the petitioner vide order dated 13.05.2016 passed by the Chief Judicial Magistrate, Kawardha, District – Kabirdham passed in Criminal Case No. 452/2016.

2. The brief facts projected by the petitioner are that the petitioner is son of Late Kamla Bai Vaid and nephew of respondent No. 1 Champa Lal Vaid. It is submitted that mother of the petitioner and respondent No. 1 jointly owned property at Kawardha and some portion of the said property was acquired by Municipal Council Kawardha for the purpose of widening of the road. An amount of Rs. 3,52,460.00 was paid to respondent No. 1 and Kamla Bai jointly on 21.05.2008 after deducting the amount of TDS of Rs. 40,472/-.

3. The respondent has made complaint before the Station House Officer in the year 2012 that the petitioner has illegally withdrawn amount of T.D.S. by committing offence of cheat

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