BALKRISHNA Vs. USHA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (in brief "Code") has been preferred for quashing the proceeding of Criminal Case No. 29058/2013, pending in the Court of JMFC, Indore and order passed on 03/09/2014.

(2.) Brief facts of this petition are that respondent/complainant has filed a private complaint under Section 138 of the Negotiable Instruments Act, alleging that petitioner and respondent/complainant have entered into an agreement to sell an agricultural land bearing survey no. 403/1 admeasuring 1.214 hectors situated at village Badiyakeema, Indore on 28/05/2013 on consideration amount of Rs. 1,75,00,000/-. Rs.1,25,00,000/- cash has been given by the petitioner to respondent as advance and a cheque bearing no. 297252 dated 02/07/2013 amounting to Rs. 25,000/- was issued in favour of respondent as security purpose. It is further alleged that when respondent/complainant presented this cheque for encashment, the same was returned with a note of "insufficient fund". Then respondent/complainant sent a legal notice dated 13/08/2013 through his counsel and demanded the amount of cheque. Notice was received by the petitioner but payment has not been made and a false reply has been sent. On the basis of the aforesaid complaint, learned JMFC has explained the particulars of offence to petitioner and also dismissed the application for discharging him. Being aggrieved this petition has been filed.

(3.) It is submitted that respondent/complainant has not filed the present complaint with clean hands. The petitioner and respondent entered into an agreement to sell dated 28/05/2013 in respect of the "land in question" and as per clause 4 of the agreement, which read as under:-