YASHDABEN VINOD SUBRAMANI Vs. KHIMJIBHAI BHIMABHAI SISODIYA

JUDGEMENT

(1.) Rule. Learned advocate, Mr. Hitesh S. Padhya for the respondent No. 1 and learned APP, Mrs. Krina Calla for the respondent No. 2 waive service of notice of rule.

(2.) This application is filed to quash and set aside the complaint filed by the respondent No. 1 against the petitioner and process issued thereunder being Criminal Case No. 1617 of 2010 pending on the file of learned Chief Judicial Magistrate, Veraval.

(3.) It is alleged in the complaint that the present petitioner orally told for selling her flat for Rs. 10.00 lakhs and for which, the complainant made payment by two cheques of Rs. 5.00 lakhs each. However, due to unavoidable circumstances, respondent No.1 demanded the amount back. The petitioner issued a cheque for Rs. 2,50,000/- and remaining amount to be paid after two years. However, said cheque on presentation was dishonoured by the bank. Another cheque issued thereafter was also dishonoured on 27-8-2010. Hence, a notice was issued on 15-9-2010. The petitioner replied to the said notice on 22-9-2010 and thereafter filed the complaint on 9-11- 2010. After verification, the learned Magistrate issued process. Hence, the present petition for quashing of the said complaint and the process issued thereunder.