IN RE: SOVANLAL CHANGDER Vs. STATE

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure praying that the complaint case being No. 26C of 2012 under Section 138 of the Negotiable Instruments Act pending in the Court of Judicial Magistrate, Second Court, Bishnupur, Bankura, be quashed.

(2.) Counsel for the petitioner has submitted that the petitioner had paid an earnest money to the opposite party for purchase of land and executed a Byanapatra (Agreement for Sale). Counsel states that on verification, it was later learnt that the entire land, which was to be sold to the petitioner, was not owned by the opposite party. Therefore, petitioner was not bound by the terms of agreement to sell and the cheques paid towards earnest money, cannot be encashed. It is stated that this amount will not be considered as enforceable debt or payment towards lawful consideration.

(3.) The very fact that the agreement to sell was drawn and the two cheques were given as a consideration, is sufficient to hold that ingredients of Section 138 of the Negotiable Instruments Act stand complied with. Hence, there is no merit in the present revision petition.