SMT. KIRTI Vs. SMT. SUGNIDEVI

JUDGEMENT

(1.) Petitioner has filed the present petition for quashment of criminal complaint case bearing No. 26616/2010 and all subsequent proceedings taken thereto in the Court of Additional Chief Judicial Magistrate, Indore.

(2.) Sans unnecessary detail the facts are that on 26.03.2010 petitioner purchased a plot from the respondent by a registered sale deed and paid full consideration for the said transaction. As per clause-14 of the said sale deed, it was agreed between the parties that the respondent (seller/complainant) will deposit all the arrears of Municipal Corporation regarding property tax as due on the date of sale deed i.e. on 26.03.2010. It was also agreed that after depositing the same the respondent will encash the disputed cheque. Stating that she has deposited the entire arrears of property tax, the respondent/complainant presented the cheque to the banker which was dishonored, therefore, she filed a criminal complaint under section 138 of the Negotiable Instruments Act.

(3.) Petitioner has presented this petition on the ground that there is no, prima facie, case made out against her. There was no debt or liability against the petitioner at the time the cheque was presented to the banker. The respondent/complainant made a false complaint that she has deposited the whole arrears of property tax while she has deposited only Rs. 21,034.00 on 01.05.2010 against the outstanding of Rs. 1,73,110.00 as on 30.08.2010, therefore, the criminal proceedings initiated against her are unwarranted and prayed for its quashment.