FOURNESS DHAR Vs. CORSICA SHABONG

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr.P.C., wherein the petitioner has approached this Court with a prayer to set aside and quash the Complaint Case No. 114 (S) of 2021 under Sec. 138 of the Negotiable Instruments Act (NI Act), 1881 and which case is pending before the Court of the learned Judicial Magistrate First Class at Shillong.

(2.) Heard Mr. L. Shongwan, learned counsel for the petitioner who has submitted that the case of the petitioner is that on 15/10/2019, the petitioner and the respondent No. 1 on one side and the proforma respondent on the other side, have jointly entered into an Agreement for Sale of a plot of land situated at Bishop Cotton Road, Shillong measuring about 18,262.69 sq.ft, which land belongs to the proforma respondent, with the petitioner and the respondent No. 1 being the proposed buyers. The agreed consideration for the said plot of land is Rs.2,60,00,000.00 (Rupees two crores sixty lakhs).

(3.) Prior to the date fixed for execution of the final Sale Deed, in the month of May, 2019, the respondent No. 1 apparently backed out of the deal citing inability to fulfil her part of the monetary commitment. The petitioner then agreed to carry on with the proposed sale transaction by going single and pursuant to this, a Settlement Agreement dtd. 13/8/2020 was drawn up between the petitioner and the respondent No. 1.