SANTANU DEBNATH Vs. BANTI GHOSH

JUDGEMENT

(1.) Heard Mr. G.P. Bhowmik, learned senior counsel appearing for and on behalf of the petitioner as well as Mr. P. Hazarika, learned counsel for the respondent No.1.

(2.) The petitioner herein took an amount of Rs.2,90,000/-, as advance to sale a plot of land measuring 1 katha 10 lecha, situated at Convoy Road, Niz Kadamoni, Dibrugarh from the respondent/complainant in November, 2009. But however the respondent/complainant after knowing the fact that the land is a disputed one, she demanded return of the advanced amount taken from her as against which the petitioner issued two cheques: one on 11.06.2010, amounting to Rs.1,00,000/- and another on 30.06.2010 amounting to Rs.1,90,000/-, totaling Rs.2,90,000/-. While the complainant deposited the said two cheques in her account at Central Bank, Dibrugarh but the cheques were dishonoured due to insufficient funds.

(3.) The respondent/complainant issued a legal notice on 19.08.2010, demanding payment of the dishonoured cheques from the petitioner but despite serving of notice, the petitioner did not pay the amount for which she filed a complaint case being Case No.458C/2010, under Section 138 of the N.I. Act.