SAGAR PRABHUDAYAL KHANNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith with the consent of the parties.

(2.) Both the petitions can be disposed of by common judgment and order as the facts and the circumstances are identical. I propose to refer the papers of Criminal Writ Petition No. 593 of 2024 for the sake of convenience. In Criminal Writ Petition No. 592 of 2024, cheque involved is of Rs.15,00,000.00(Rupees Fifteen Lacs Only) whereas in Criminal Writ Petition No. 593 of 2024 it is of Rs.2,00,000.00(Rupees Two Lacs Only).

(3.) The petitioner is the accused facing prosecution under Sec. 138 of Negotiable Instruments Act,1881 (in short 'N.I.Act') in S.C.C. No.988 of 2022 for dishonour of cheque of Rs.2,00,000.00 and in S.C.C.No.989 of 2022 for dishonour of cheque of Rs.15,00,000.00. It is alleged by the respondent/complainant that petitioner had launched housing scheme and respondent had proposed to purchase two flats.From time to time earnest of Rs.17,00,000.00 was paid by the respondents to the petitioner. The petitioner avoided further transaction and the sale deed could not be executed. He proposed to refund the amount and cheques in question were issued on 13/4/2022. Those were presented on 30/5/2022 by the respondent to Pravara Co-operative Bank. They returned with a remark that 'account was closed'. The respondent issued a notice demanding the payment on 27/6/2022 and on 11/8/2022 he lodged a complaint.