LAWS(P&H)-2010-7-117

INDER PAL SINGH Vs. PANKAJ BHARDWAJ

Decided On July 27, 2010
INDER PAL SINGH Appellant
V/S
Pankaj Bhardwaj Respondents

JUDGEMENT

(1.) THE -petitioner/accused - Inder Pal Singh has filed this petition under Section 482 of the Code of Criminal Procedure, invoking the inherent jurisdiction of this Court for quashing the complaint No. 656, dated 22.11.2007 (Annexure P-5); summoning order dated 22.11.2007 (Annexure P 6) and other consequential proceedings, including notice of accu- sation dated 11.8.2009 (Annexure P-7)

(2.) THE said complaint has been filed by Pankaj Bhardwaj - respondent/complainant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act'). He contended therein that he agreed to sell the land described in para No.l of the complaint in favour of the accused for Rs. 79,20,000/- vide agreement dated 19.7.2007 and at that time he paid a sum of Rs.5,00,000/- as token money. To discharge the duties and liabilities in accordance with the terms and conditions of the agreement, the accused, being a partner of the firm issued a cheque bearing No. 634502 dated 24.8.2007 for a sum of Rs. 74,20,000/- drawn at Vijay Bank, Branch Lajpat Nagar, Alwar, with assurance that the same would be honored on presentment to the banker. Ac- cordingly, the cheque was presented to the banker of accused, but was dishonored on account of insufficient funds in his account. Legal notice was served upon the accused through registered post, but he failed to pay the amount of the cheque. After the preliminary evidence was produced by the complainant, the accused was summoned to stand his trial for the aforesaid offence, as sufficient grounds were found for proceeding against him.

(3.) IN reply to the petition, the factum of the agreement has been admitted by the complainant and he pleaded therein that all the facts were known to the accused at the time of the execution of the agreement and as such he is bound by the terms thereof and the same has not been cancelled by the Court of competent jurisdiction. The cheque was presented after the expiry of the stipulated period as per the terms of the agreement and therefore on the ground of dishonoring thereof, the accused is to be tried for the offence under Section 138 of the Act.