I expect that the outcome of the trial will vary from country to country depending on the laws and the judge's legal view of the issue. This is a difficult legal controversy.
Of course, each country will have different laws but in this case I think both will be investigated and both will be punished according to the law.
For me, I expect that if the country bans cryptocurrencies, proof of payment in cryptocurrency will not be accepted because first, it is not recognized and second, because he violated the law by using cryptocurrencies.
In this case: you mean the seller is almost not violating anything while he is the recipient of the bitcoin and denies it, and the buyer will be liable because he used the bitcoin?
Or there may be another option that the judge will accept proof of payment in cryptocurrency but punish the buyer because he violated the law by using cryptocurrencies.
What about the seller? Will he be fined? Buyers will certainly be fined for breaking the law by using bitcoin, but sellers cannot escape punishment either because the transaction cannot be completed without both parties reaching an agreement. It is clear that the seller is also involved in bitcoin trading and he is also breaking the law.
In any case, neither of them will end up well, so it's best not to break the law in the first place, especially when we're involved in high-value transactions.