VIJAY GUPTA Vs. STATE

JUDGEMENT

(1.) THE present revision petition has been filed by petitioner praying inter alia for setting aside the orders dated 30.3.2009 and 18.4.2009 passed by the learned Metropolitan Magistrate and for dismissing Complaint Case No.2775/1 pending before Mr. Manoj Kumar, SCJ, Patiala House Courts. Vide order dated 8/11/2010, parties were directed to be present in Court today. Both the parties are present in Court.

(2.) ON the last date of hearing, it was recorded that the dispute in the present case pertains to a cheque of 1.00 lac which the respondent No.2/complainant had alleged, was issued by petitioner/accused towards interest on an amount of 40.00 lacs, which he had received from the complainant, pursuant to an Agreement to Sell dated 21.1.2004.

(3.) FAILURE on the part of respondent No.2 to reveal the factum of the MOU dated 26/6/2004 and the reply of the petitioner to the legal notice issued to him appears to be deliberate and an attempt on the part of respondent No.2/complainant to abuse the process of the court by filing a complaint under Section 138 the Act. The plea of respondent No.2/complainant, who is present in Court, that the cheque of 1.00 lac was towards interest on ' 40 lacs, is not tenable in the light of the specific understanding reached between the parties in the MOU that the amount of ' 40.00 lacs paid to respondent. No.2/complainant would be in full and final settlement and neither party would be left with any claim against the other.