DINESH KUMAR KUNDRA Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.A.6353/2018 (exemption)

(2.) Learned counsel for respondent No.2/complainant has strongly opposed the petition. She has contended that several opportunities have already been availed of by the petitioner and despite the same has failed to lead any evidence. She further submits that petitioner has tried to mislead the Court as he had appeared before the Court and stated that the matter was settled and even a Memorandum of Understanding was produced. Subsequently, when he secured bail in other proceedings, he has refused to honour the said settlement.

(3.) Subject complaint has been filed with regard to a cheque of Rs. 50 lakhs. It is contended by the respondent that the said cheque was given as repayment of the advance given by the respondent for purchase of a property of the petitioner. It is submitted that neither the property was transferred nor the money was returned and the subject cheque in the sum of Rs. 50 lakhs was issued by the petitioner to refund the advance paid by the respondent.