REENA GHOSH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed for quashment of FIR No.233/2018 registered at Police Station Mohan Nagar, Durg and subsequent criminal proceeding arising out of the said offence pending before the CJM, Durg.

(3.) Prosecution case, in brief, is that complainant Sunil Kumar Gupta entered into an oral agreement for sale of the land situated at village Nagpura, area admeasuring 5500 Sq. Ft., with the complainant and the complainant also made payment in installments to the tune of Rs.14.00 lakhs to the petitioners. However, the petitioners neither executed the sale-deed nor returned the aforesaid amount, therefore, the complainant made a complaint before Police Station, Mohan Nagar, Durg on 23/6/2018, whereby, FIR No.233/2018 was registered against the petitioners for the offence punishable under Sec. 420/34 of the IPC. In the said FIR, the complainant averred that petitioner No.1 has given two cheques to him. However, both the cheques i.e. the first cheque bearing No.357791 dtd. 8/11/2017 for the amount of Rs.1,50,000.00 and the second cheque bearing No.040272 dtd. 30/1/2018 for the amount of Rs.2,80,000.00, got dishonoured. The second cheque got dishonoured on account of 'stop payment' instructions given by petitioner No.1, based upon which, the aforesaid offence has been registered.