RAM KUMAR SONI Vs. G RAVINDRANATH

JUDGEMENT

(1.) This batch of petitions is filed under section 482, Criminal Procedure Code, 1973, for quashing the proceedings pending in the Courts of the IV Metropolitan Magistrate and the XII Metropolitan Magistrate, Hyderabad. The short question that has to be considered in these petitions is whether on the facts of the case and on the basis of the notices exchanged between the parties, any offences are made out under section 138 of the Negotiable Instruments Act and under section 420 of the Indian Penal Code.

(2.) The facts are similar in all the cases and, briefly stated, they are as follows :

(3.) In 1981-82, the complainants entered into agreements with the present petitioner for purchase of flats at the rate of Rs. 212 per sq. ft. The construction was not made in time. It prolonged for six or seven years and subsequently when these people insisted upon registering the flats charging the rate at the old agreed rate of Rs. 212 per sq. ft., the builder-present revision petitioner, claimed the escalated price. In that connection some mediation took place and the builder said that he is not prepared to sell at the old rate and he is prepared to return the monies paid to him with interest at 2 per cent. per month. In that connection the parties first agreed to take return of the money and then the petitioner issued cheques. These cheques were dishonoured. Then notices were given by the complainants and subsequently the complaints were filed for offences under section 138 of the Negotiable Instruments Act and section 420 of the Indian Penal Code.