BHARAT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means for the present C482 application, the applicant has put to challenge the proceedings of Execution Case No.13 of 2022 Rahul Panwar Vs. Bharat Singh, pending before the Court of learned Senior Civil Judge, New Tehri, Tehri Garhwal, arising out of Complaint Case No.1292 of 2021 Rahul Panwar Vs. Bharat Singh, pending before the Court of learned Chief Judicial Magistrate, Tehri Garhwal, New Tehri, under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'.

(2.) The brief facts of the case are that a monetary dispute arose between the applicant and respondent No.2 during the course of business, where they were jointly working as Contractors for performing certain civil works. During the monetary dispute, applicant issued certain cheques to respondent No.2, which got dishonoured, and subsequently, complaints were filed by him under Sec. 138 of the Act against the applicant. Thereafter, respondent No.2 and the applicant entered into a compromise in National Lok Adalat, where applicant agreed to pay Rupees Five Lakh to respondent No.2. However, due to non- payment of the amount by applicant, respondent No.2 moved Execution Case No.13 of 2022 Rahul Panwar Vs. Bharat Singh, before the Court of learned Senior Civil Judge, Tehri Garhwal, New Tehri, who passed orders for attachment of property of the applicant and also issued arrest warrant. Hence, the applicant is present before this Court.

(3.) Learned counsel for the applicant submits that the applicant was not able to pay the agreed amount to respondent No.2 due to severe financial crisis faced by him. He further submits that the applicant does have an intention of making the due payment to respondent No.2, which could be clearly seen by his effort of making a full payment of Rupees Six Lakh to another contractor, Ramesh Singh Tomar.