JANARDAN Vs. ANIL SHARMA

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the Criminal Case No.3135/2008 (Anil Sharma Vs. Janardan Tripathi), pending in the Court of JMFC, Gwalior.

(2.) The brief facts giving rise to this petition are that the petitioner had purchased the land for consideration of Rs.37 Lacs from Ravindra, Mahesh, Balveer, Shivram and Halke on 23.03.2007 in the name of his wife Smt. Sunita Tripathi. Out of this land, the petitioner's wife sold two plots of the land to complainant Anil sharma vide registered sale deed dated 28.03.2007. Since the Tahsildar of the area declared the land to be government land, therefore, it was entered as government land on 03.08.2007. In view of this, petitioner has returned the consideration and gave a cheque of Rs.2 Lac on 20.12.2007 to the respondent/complainant. The petitioner assured the respondent/complainant that he shall get the payment of amount, however when cheque submitted for encashment it was dishonoured and respondent/complainant could not get the payment. Thereafter, respondent/complainant sent a registered notice through his advocate. The petitioner with the connivance of the postman got returned the notice as unserved. However, the notice sent under UPC has been served on the petitioner but petitioner neither replied the notice nor returned the cheque amount. Therefore, the respondent /complainant filed the complaint u/s 138 of the Negotiable Instrument Act. Being aggrieved, petitioner has filed this petition.

(3.) Learned counsel for the petitioner submits that the wife of the petitioner has executed the registered sale deed in favour of the respondent, which still exists in the eyes of law, therefore, the respondent/complainant is only entitled either to the land of which he became owner by the said sale deed or he can claim the amount, which he has received by the cheque. As the respondent has already received consideration by way of cheque in turn of plot vide sale deed, therefore, continuation of proceedings against the petitioner is abuse of process of law, hence it is prayed that the proceedings of Criminal Case No.3135/2008 pending in the Court of JMFC, Gwalior be quashed.