PARMESHWAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prakash Chandra Srivastava, learned counsel for the revisionist/applicant, learned counsel for the opposite party No.2, learned AGA for the State and perused the material placed on record.

(2.) Instant criminal revision has been preferred against judgment and order dtd. 9/1/2023 passed by learned C.J.M. Varanasi in Complaint Case No. 9647 of 2021, under Sec. 138 N.I. Act, P.S. Rohaniya, District Varanasi, whereby discharge application moved by revisionist/accused has been dismissed and the case was fixed for recording statement of the accused.

(3.) Factual matrix of the case in brief is that complainant who is respondent no. 2 in present revision filed a complaint before the court of Special C.J.M., Varanasi, under Sec. 138 N.I. Act which is registered as criminal case no. 9647 of 2021 wherein he has stated that complainant is having huge chunk of plots in Mauza Badi Khajuri Varanasi. The accused Parmeshwar Srivastava came into conact with him and posed himself as Director/Office bearer of Shine City Infra Project Limited and stated that he was purchasing plots for said Company and also promised to pay dividends by borrowing money in personal capacity from people. Complainant's wife Sadhna Singh sold her plot to Shine City Infra Project Limited in the year 2014 and received its sale proceeds. Accused visited the complainant and asked for paying him Rs.4.00 crore to meet out the financial difficulties of the said Company. The complainant relying on representations of the accused who was his old acquaintance, lent him Rs.3,92,00,000.00in presence of witnessed which was collected by him from different sources and he assured him to refund the said amount within six months. Wife of the complainant also paid Rs.2,00,00,000.00 to the accused for purchasing some plots from said Company on reposing trust on representations of the accused. Accused gave 31 cheques to Sadhna Singh for her two crore rupees but got these cheques back from her and gave an allurement of making money double, thus accused took total Rs.5,92,00,000.00 from the complainant and his wife which he failed to repay. He had not given any plot to them lying with said Company. At one point of time, he gave a cheque of Rs.3,24,00,000.00 to the complainant on 10/5/2018 but subsequently he asked him to not present the said cheque for encashment but ultimately he did not pay the amount of said cheque. The complainant gave six cheques bearing dates 20/4/2021, 25/4/2021 of different amounts to discharge the debts of the complainant and his wife and assured him to pay remaining Rs.2,00,00,000.00 soon. The complainant produced said cheques before his bank Union Bank of India, Raja Talab, Rohaniya, Varanasi, however, three cheques were dishonoured with remarks 'payment stopped by drawer' on 13/5/2021. Three cheques were dishonoured with remarks 'payment stopped by drawer and funds insufficient', were dishnoured on 11/5/2021 and thus, he could not get the payment of said six cheques. After receiving the cheques back with said remarks of Bank. The complainant gave a registered notice to the accused through his counsel and when accused failed to pay the amount of said cheques, he filed present complaint on 18/6/2021.