LAWS(UTN)-2011-8-93

SRI RAKESH THAPA, SON OF LATE SRI VEER SINGH THAPA Vs. SRI PRATAP SINGH CHAUHAN SON OF SRI V.S. CHAUHAN

Decided On August 09, 2011
Sri Rakesh Thapa, Son Of Late Sri Veer Singh Thapa Appellant
V/S
Sri Pratap Singh Chauhan Son Of Sri V.S. Chauhan Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 5316 of 2009 Pratap Singh V. Rakesh Thapa, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate Ist, Dehradun.

(3.) LEARNED Counsel for the Petitioner submitted that though the agreement was entered between the parties, but the Respondent did not execute the sale deed in favour of the Petitioner, as such, he was not entitled to payment of any consideration. In reply to this learned Counsel for the Respondent stated that sale deeds were executed in favour of the various persons nominated by the Petitioner on his instruction.