ABHIJEET Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of both the parties, heard finally.

(2.) By the present writ petition under Article 227 of the Constitution of India r/w Sec. 482 of the Criminal Procedure Code, the petitioner impugned the order dtd. 27/11/2021 passed by the learned Additional Sessions Judge, Aurangabad, in Cr. Revision No.282 of 2019, thereby quashed and set aside the order of issuance of process passed on 24/7/2019 by the learned JMFC, Court No.20, Aurangabad, in SSC No.4961/2019.

(3.) The Petitioner/ori., complainant filed a complaint bearing SCC No. 4961 of 2019 u/s Sec. 138 of Negotiable Instruments Act and alleged that, he is legal heir of Shri Jairaj Annasaheb Pathrikar. He filed said complaint and alleged that, the Respondent No. 2/Oril Accused issued three cheques bearing Nos. (1) 817746 of Rs.3,00,000.00 dtd. 9/1/2019, (2) 817747 of Rs.2,00,000.00 dtd. 9/1/2019 and (3) 817748 of Rs.2,50,000.00, dtd. 30/1/2019, drawn on State Bank of India, Branch Maliwada Tq. & Dist. Aurangabad in favour if his father Shri Jairaj Annasaheb Pathrikar for discharging legal liabilities in pursuance of registered Agreement to sale dtd. 20/8/2018 at Sr. N.4928 and registered General Power of Attorney at Serial No.4930 dtd. 20/8/2018 in respect of sale of Land bearing Gat No.76 to the extent of 1 Hectare 22 Gunthas situated at village Jambhala Tq. Gangapur, district Aurangabad. Since his valuable rights are involved in said agricultural land, the complainant and his father have raised objection for registration of the sale deed. Thereafter, the accused, through its proprietor approached him and his father. After due negotiations, the accused agreed to pay an amount of Rs.7,50,000.00 to the complainant and his father. Accordingly, on 8/1/2019, the complainant and his father executed Consent Deed in favour of the accused in presence of two witnesses. The said consent deed duly registered with Notary at Serial No.20 of 2019.