PRAKASH SAYAJI GANGURDE Vs. BHAURAO KARBHARI PACHORKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the parties.

(2.) The challenge in this writ petition, under Article 227 of the Constitution of India, is to the order dtd. 23/12/2019 passed by the Court of Additional Sessions Judge, Niphad allowing Criminal Revision Application No. 83 of 2019. Vide the judgment and order impugned herein, the order of "Issue of Process" passed by the Court of Judicial Magistrate First Class, Chandwad in Summary Criminal Case No. 493 of 2019, came to be set aside. It was a case instituted otherwise on police report (complaint) for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ('N.I. Act'). As such, the petitioner before this Court is the original complainant, while the Respondent No.1 ('respondent') is an accused therein.

(3.) It is the case of the petitioner/complainant that he and his relations owned an agricultural land in Gut No.1055 admeasuring 76 R. situated at Chandwad. The respondent/accused and his two brothers purchased the said land from the petitioner/complainant and his brothers on 16/3/2018 for consideration of Rs.62.00 lakhs. As per the ready reckoner, the price of the land was Rs.25.50 lakhs. The respondent and his brothers, only with a view to save expenditure relating to stamp duty, registration fee, if any, etc., got the sale-deed executed mentioning the amount of consideration as Rs.25.50 lakhs. A sum of Rs.24.50 lakhs was paid in cash. As such, a sum of Rs.50.00 lakhs out of consideration of Rs.62.00 lakhs was paid to the petitioner/complainant and his relations. A sum of Rs.12.00 lakhs was outstanding. It was due from the respondent/accused. He therefore, executed a document titled 'Bharna Pavati' in favour of the petitioner/complainant. The respondent/accused also issued a cheque dtd. 28/6/2019 of Rs.12.00lakhs towards payment of balance consideration amount.