MOHIT BATOLA Vs. JAYDEE CAPITAL INFRASTRUCTURE

JUDGEMENT

(1.) Present S.482 application is filed assailing the order dtd. 26/2/2021 passed by learned Fifth Additional CJM Dehradun in Complaint Case No.2822 of 2020, M/s Jaydee Infrastructure v. Mohit Batola (Annexure No.12) pending in the said Court with a further prayer to quash the entire proceedings of the aforesaid case.

(2.) Brief facts of the case are that the applicant and respondent entered into a compromise deed dtd. 11/12/2019, pursuant to which the applicant issued certain post-dated cheques to respondent on the understanding that the agreed construction work would be completed in due course. According to the applicant, respondent raised the final bill on 15/1/2020, covering construction only up to the fourth floor, and subsequently failed to carry out the remaining construction, which led the applicant to terminate the agreement on 7/5/2020. Meanwhile, respondent presented one of the cheques in question; while respondent claims it was deposited on 6/5/2020, the applicant asserts it was presented on 8/5/2020, as shown in the return memo. However, the cheque was dishonoured, and in pursuance of this, a statutory notice was issued, which the applicant denied liability for.

(3.) Thereafter, respondent filed Complaint Case No. 2822 of 2020 on 27/8/2020 against the applicant before the learned Fifth Additional Chief Judicial Magistrate, Dehradun, under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as the Act, 1881) which in turn initiated proceedings against the applicant. Parallel to these proceedings, respondent also filed Writ Petition No.2185 of 2020 dtd. 20/12/2020, contending that the cheque had in fact been presented prior to the termination of the agreement, i.e., on 6/5/2020. However, the applicant, relying on the return memo, contends that the cheque was deposited after termination and also questions the authenticity of the bank letter dtd. 2/7/2021 produced by the respondent. Aggrieved by the continuation of Complaint Case No. 2822 of 2020, the applicant has approached this Court by way of the present application under Sec. 482 Cr.P.C., seeking quashing of the said proceedings.