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2022 Supreme(Raj) 2613

PUSHPENDRA SINGH BHATI
Pushkar Lal Dangi – Appellant
Versus
Narayan Lal – Respondent


Advocates Appeared:
Ms. Apeksha Chhangani Mr. Avin Chhangani, for the Appellant; Mr. MS Bhati, P.P. Mr. Naresh Khatri, for the Respondent.

JUDGMENT

1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:-

    "It is, therefore most humbly and respectfully prayed that this Criminal Misc. petition may kindly be allowed; and

    (a) The impugned order dated 19.01.2021, passed by Special Judicial Magistrate, NI Act Cases, No.1 Udaipur, may kindly be quashed and set aside.

    (b) The application filed by the petitioner under Section 311 Cr.P.C. may kindly be allowed.

    Any other relief/reliefs which this Hon’ble Court deems fit and proper may kindly be granted to the petitioner."

    2. Brief facts of the case, as placed before this Court by the learned counsel for the petitioner that the respondent lodged a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner, whereupon a case bearing no. 16532/2015 came to be registered against him before the learned Special Judicial Magistrate No. 1 (N.I. Act Cases), Udaipur. Thereafter, during the course of trial, the complainant-respondent in his cross-examination stated that his family had sold certain lands, in lieu of a consideration of Rs. 21,00,000/-, out of which a sum of Rs. 10,00,000/- was given to the accuse

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