1 2025:CGHC:43575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1171 of 2021 R.S. Bagdiya (Raspal Singh Bagdiya) S/o Shri Surta Singh Aged About 49 Years R/o Flat No. 206, 2nd Floor, Green Garden Colony Mangala, Bilaspur, Police Station - Civil Line Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Civil Line Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh 2 - Manoj Kumar Kesharwani S/o Late Shri Vijay Kumar Kesharwani aged about 38 years, R/o A-25, Green Garden Colony, Mangala, Bilaspur, Police Station Civil Line Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. R.R.Soni, Advocate. For Respondent/State : Ms. Soumya Sharma, Panel Lawyer For Respondent No. 2 : Mr. Pawan Kesharwani, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 28/08/2025 1 Heard Mr. R.R.Soni, learned counsel for the petitioner, Ms Soumya Sharma, learned Panel Lawyer for the State/respondent No. 1 as well as Mr. Pawan Kesharwani, learned counsel for the respondent No. 2. 2 2 By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks for the following relief(s): “(I) The Hon’ble Court may kindly be pleased to call for the entire records pertaining to this case for its kind perusal; and (II) The Hon’ble Court may kindly be pleased to allow this petition and further be pleased to quash criminal actions/criminal proceedings (including registration of First Information Report) being taken against the petitioner in Crime No. 1067/2021 registered at Police Station-Civil Line, Bilaspur, District Bilaspur (C.G.) in the interest of justice.” 3 Case of the prosecution, in brief is that allegedly the petitioner (the accused) made a deal with the respondent No.2/complainant to provide constructed house for consideration of Rs. 55,00,000/-and a sum of Rs. 20,00,000/- was obtained by the petitioner from the respondent No.2 but the petitioner neither got registered land in favour of the respondent No.2 nor returned money. It is further alleged that four cheques bearing Cheque Nos. 887584, 887582, 887583 and 887570 were given by the petitioner to the respondent No.2 but all cheques were dishonored by the Bank and as such the petitioner has allegedly committed cheating with the respondent No.2. 4 At the outset, Mr. Soni, learned counsel for the petitioner seeks permission of this Court to withdraw this petition on the ground that the charge sheet has been filed by the police and in this petition, only quashing of the FIR was sought. 5 On the other hand, Mr. Pawan Kesharwani, learned counsel appearing for the respondent No. 2 submits that as the petitioner had been absconding, a warrant of arrest had already been issued against the petitioner and the learned trial Court has proceeded against the petitioner 3 under Section 299 Cr.P.C and even the charges have also been framed against the petitioner and as such, at this stage, nothing survives in this petition for adjudication. 6 Since the trial has proceeded substantially as charges have already been framed, the present petition is dismissed reserving liberty to the petitioner to take recourse to law, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.08.29 15:12:59 +0530