AKHIL CHANDRA KALITA Vs. SANKAR KUMAR DEY

JUDGEMENT

(1.) Heard Mr. P.B. Mazumdar, learned counsel for the petitioner and Mr. S.P. Choudhury, learned counsel for the respondent.

(2.) By this petition filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, the petitioner has prayed for quashing of the Complaint Case No. 17/2018 under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent in the Court of learned Sub-Divisional Judicial Magistrate (M) at Rangia, Kamrup.

(3.) The petitioner's contention is that the respondent filed a complaint case being C.R. Case No. 17/2018 under Section 138 of the N.I. Act along with initial deposition on affidavit under Section 200 Cr.P.C., on 19.07.2018, in the Court of learned Sub-Divisional Judicial Magistrate (M) at Rangia, Kamrup against him alleging, inter-alia, that the petitioner executed an agreement with the respondent before the Notary Public at Rangia with a promise to sale a plot of his land measuring 3 Lechas, situated at Rangia town. Accordingly, the petitioner received Rs.18,00,000/- (Rupees Eighteen Lakhs) only in cash in two instalments from the respondent. The respondent asked the petitioner to hand over the possession of the said plot of land to him, but the petitioner refused to do so. It is further alleged in the complaint that the petitioner made another agreement with another party to sale the same plot of land. When the respondent came to know about this fact of the petitioner's cheating of him, he immediately asked the petitioner to return his said amount of Rs.18,00,000/- (Rupees Eighteen Lakhs), but the petitioner did not return. After constant persuasions, however, the petitioner issued two cheques, bearing Cheque Nos. 019259, dated 10.05.2018 for Rs.10,00,000/- (Rupees Ten Lakhs) drawn on Allahabad Bank, Rangia Dongpar Branch and cheque No. 456358 for Rs.5,00,000/- (Rupees Five Lakhs) drawn on UCO Bank, Rangia to the respondent. Further, the petitioner entered into another agreement with the respondent, on 27.05.2018 to return the remaining amount of Rs.3,00,000/- (Rupees Three Lakhs) within 15 days to the respondent. The respondent presented the aforementioned two cheques at UBI, Rangia Branch against his A/C No. 389802010004064, but the said cheques were dishonoured due to insufficient funds and accordingly returned the same with dishonoured Memos. Therefore, the respondent issued statutory notice under the provisions of Section 138(b) of the N.I. Act, which was duly served on the petitioner, on 18.06.2018. But as no response was received, the respondent filed the complaint case being C.R. Case No. 17/18 under Section 138 of the N.I. Act in the Court of learned SDJM (M) at Rangia against the petitioner. The learned SDJM (M) at Rangia, after perusal of the allegations made in the complaint petition and evidence on affidavit, being satisfied has taken cognisance of the offence under Section 138 of the N.I. Act and has issued summons to the petitioner vide order, dated 14.08.2018, which he received on 16.08.2018, without a copy of the complaint and list of documents asking him to appear on 14.09.2018.