Madhya Pradesh High Court
Vishnu Goyal vs Praveen Kumar Dutta on 10 December, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 60278/2021
(Vishnu Goyal Vs Praveen Kumar Dutta)
(1)
Gwalior, dated : 10/12/2021
Shri B.Raj Pandey, learned counsel for the petitioner.
Heard on the question of admission and interim relief.
On payment of process fee within seven working days, issue
notice to the respondents by RAD mode, failing which petition shall
stand dismissed without further reference to the Bench.
Heard on IA No. 32887/2021, an application for stay. It is pointed out that complaint under the Negotiable Instruments Act is pending consideration filed by the petitioner which is at the final stage. Counter blast the same another applicant filed a private complaint under Section 200 and 202 of the Cr.P.C levying allegation against the applicant that by playing fraud he has forged the signature and filled blank cheque and compliant was filed in the year 2016 which is pending consideration till date and no statement of the complainant has been recorded till date which is reflected from the ordersheet filed by the petitioner. The Court has allowed the application under Section 223 of the Cr.P.C. for clubbing up the matter as the same is out of counter blast. He is ready to face the private complaint but as far as proceeding under Section 138 of the Negotiable Act is concerned, they may be corrected with consent by the Trial Court.
Considering the overall facts and circumstances of the case, further proceedings with respect to private Complaint No.UNCR/201/2018 (Praveen Dutta Vs Vishu Goyal) directed to be HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 60278/2021 (Vishnu Goyal Vs Praveen Kumar Dutta) (2) stayed till the next date of hearing.
The Trial Court may proceed further with the proceedings under Section 138 of the Negotiable Instruments Act and decide the same as expeditiously as possible.
List this matter in the week commencing 10/01/2022.
(Vishal Mishra) Judge Prachi* PRACHI MISHRA 2021.12.11 11:11:03 +05'30'