CHAKRADHAR MEDHI Vs. SIMA RANI DEKA

JUDGEMENT

(1.) Heard Mr. B. Chakravarty, learned counsel for the petitioner. Also heard Mr. S.K. Singh and Mr. B. Pushilal, learned counsel for the respondent.

(2.) The petitioner has filed this application u/s 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) with prayer for quashing and setting aside the order dtd. 8/4/2021 passed by the learned Chief Judicial Magistrate, Sonitpur, Tezpur in N.I. Case No. 81/2017 which was upheld by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Revision No. 12(S-4)/2021 upholding the impugned order dtd. 8/4/2021. The learned Sessions Judge also passed a direction allowing to recall/re-examine the complainant in N.I. Case No. 81/2017 pending in the Court of the learned Additional Chief Judicial Magistrate, Sonitpur at Tezpur.

(3.) The respondent instituted a proceeding u/s 138/142 of the Negotiable Instruments Act, 1881 (the N.I. Act for short). It was alleged by the respondent that after acquisition of her land, she received a huge amount of money and was looking for some alternative parcel of land. The petitioner then advised her to purchase a plot of land at Dhekiajuli for 20 lacs and the respondent paid an amount of Rs.17.50 lacs to the petitioner during the period between 2015-2016. On 6/11/2015 the respondent's husband passed away, but the petitioner failed to provide her with the land as promised and the respondent demanded that the petitioner should return the money which was paid to him. Then the petitioner issued three cheques of denomination of Rs.2.5 lacs each. The cheques were dtd. 27/3/2017, 28/3/2017 and 2/4/2017. The cheques were deposited in the Bank but were dishonoured. The petitioner vide Memo dtd. 27/7/2017 intimated the respondents about the dishonoured cheques due to 'insufficiency of funds'. Legal notice was issued against the petitioner on 10/7/2017 but as the petitioner failed to pay the money as demanded by the respondent, the respondent instituted proceeding which was registered as N.I. Case No. 81/2017. At the same time, the respondent also instituted a money suit against the petitioner being M.S. No. 7/2019 which was finally registered as M.S. No. 16/2019. The cause of action of the money suit, M.S. No. 16/2019 is similar to the present complaint Case No. 81/2017. The petitioner contested the money suit and filed written statements.