VIJAY LAXMI Vs. AJAY SINGH RANA

JUDGEMENT

(1.) APPELLANT /complainant Smt. Vijay Laxmi and the accused/respondent Ajay Singh Rana are basically the residents of District Tehri Garhwal. Some immovable land, measuring 30 square meters, was allotted to the appellant by the Tehri Dam Rehabilitation Authority. Appellant erected the ground, first and second floors on that land. It appears that the first and second floors erected upon that 30 square meters land was covered with the total area of 186 (93+93) square meters, as has been mentioned in the agreement to sale dated 15.07.2009. The respondent/accused purchased the same for the actual total price of Rs.24.25 lakhs. This consideration was paid by the accused/respondent to the appellant by way of three post -dated cheques drawn by the respondent from his banker. First Cheque dated 30.07.2009 was for the value of Rs.7.00 lakhs; second Cheque dated 03.08.2009 was for the value of Rs.11.00 lakhs whereas the third Cheque dated 30.10.2009 was worth Rs.6.25 lakhs.

(2.) UNUSUALLY , the sale deed got executed just on the next date i.e. 16.07.2009 but in order to avoid some stamp duty and taxes, the total sale consideration was disclosed to be Rs.11.00 lakhs. This sum was got by the appellant by way of Cheque dated 03.08.2009. So, on an apparent look, the transaction was, thus, completed. The fact remains that the Cheque dated 30.07.2009, which was for the value of Rs.7.00 lakhs, was returned by the appellant to the purchaser Ajay Singh Rana, and in lieu thereof, appellant received Rs.7.00 lakh in cash. This fact about receiving the cash and returning that cheque was brought into writing.

(3.) ON 11.11.2009, the notice was issued to the respondent, as envisaged under Section 138 of the Negotiable Instruments Act (hereinafter will be referred to as 'the Act') and the fact of receiving such notice is not in dispute.