KRISHNA GUPTA Vs. SITA RAM SINGHAL

JUDGEMENT

(1.) Leave to appeal is allowed for the reasons given therein. This appeal has been preferred against the order of learned Additional Sessions Judge dated 29th September, 2006 whereby he allowed a Revision filed by the respondent and set aside a notice issued under Section 251 Cr.P.C. to the respondent on a complaint under Section 138 of Negotiable Instrument Act filed by the appellant.

(2.) Brief facts relevant for the purpose of deciding this appeal are that the appellant filed a complaint under Section 138 against Shri Sita Ram Singhal, Secretary Sanjay Gandhi Memorial Coop., Housing Building Society Limited, R/o Sanjay Gram, Delhi Road, Gurgaon, 122001, Haryana.

(3.) It was alleged in the complaint that the complainant made full payment for purchase of a plot to accused in the year 1994 but accused failed to deliver the possession of the plot to complainant. Thereafter, a settlement was arrived in respect of the plot and accused agreed to pay a sum of Rs.4,10,000/- to the complainant. In terms of this agreement cheques bearing no. 528743 dated 18.10.04 and 528744 dated 18.11.04 were issued for sums of Rs. 40,000/- and 1,00,000/- respectively as part of payment. These cheques got dishonoured and were returned to the complainant with endorsement ?Funds Insufficient?. The complainant served a legal notice through her advocate on accused within a period of 15 days but no payment was made by the accused. Hence the complaint was filed.