MAHESH CHANDER JOSHI Vs. MAHKARWATI AND ORS.

JUDGEMENT

(1.) Plaintiff has filed this suit against the defendants for possession, recovery of damages to the tune of Rs. 50,00,000/ - with consequential relief of permanent injunction.

(2.) Plaintiff has alleged in the plaint that defendants are husband and wife. They had taken a loan of Rs. 15,50,000/ - from the plaintiff on 3rd September, 2006 vide loan agreement dated 13th September, 2006 for six months. Original documents pertaining to the suit properties bearing no.3/352, 3/353 and 3/354, Khichri Pur, Delhi were handed over to the plaintiff as security. These were plots of land admeasuring 25 Sq. Yards each along with the superstructures standing thereon. The defendant no.2, in partial discharge of his liability, handed over seven post dated cheques on 13th September, 2006 to the plaintiff totalling to Rs. 12,50,000/ -. Out of these seven cheques, only one cheque of Rs. 50,000/ - was encashed. However, remaining six cheques were dishonoured on presentation. Accordingly, plaintiff filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (The 'Act', for short) before the Metropolitan Magistrate, Delhi. During the pendency of the complaint, name of defendant no.1 was dropped. Complaint continued against the defendant no.2.

(3.) After trial, the defendant no.2 was convicted under Sec. 138 of the Act. The defendant no.2 was sentenced to six months and also to pay compensation of Rs. 16,50,000/ - to plaintiff. Appeal filed by the defendant no.2 was dismissed. Thereafter, the defendant no.2 filed a Revision Petition before the High Court, wherein a compromise was arrived at between the plaintiff and defendant no.1 vide compromise deed dated 20th May, 2011. Criminal Revision Petition was disposed of on 2nd June, 2011 in view of the compromise arrived at between the plaintiff and defendant no.1 and the offence was compounded.