N K GUPTA Vs. VIJAY KUMAR MADAN

JUDGEMENT

(1.) Heard learned Counsel for the parties at length.

(2.) The petitioners had taken on rent premises belonging to the respondent. A sum of Rs.3 Lakhs was deposited with the respondent as interest-free security and six cheques in the sum of Rs.50,000/- each were issued in favour of the respondent in lieu of making alterations to the demised premises. The first five cheques issued by the petitioners were honoured. The sixth cheque was dishonoured. It was dishonoured, according to the petitioners, as the respondent failed to fulfil his obligation to complete the alterations to the demised premises. In view of the dishonour of the cheque, the respondent filed a criminal complaint, Annexure P1, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). This complaint is pending in the Court of learned Chief Judicial Magistrate, Gurgaon. By order dated 22-7-1998, the petitioners were summoned to appear in Court. The petitioners made an application for recall of the summoning order which was dismissed on 10-3-1999. In this order, the trial Court has observed that the cheque had been dishonoured due to insufficient funds. Thus, prima facie, the stand of the petitioners was found to be untrue. The petitioners had also alleged that civil litigation was pending between the parties and, therefore, the complaint was an abuse of the process of the Court. This submission was also rejected by the trial Court. Against the aforesaid order of the trial Court, the petitioners filed Criminal Revision No.13 of 26-3-1999 in the Court of learned Additional Sessions Judge, Gurgaon. After hearing the learned Counsel for the parties at length, the revision petition was dismissed vide order dated 5-10-1999. This order of the learned Additional Sessions Judge, Gurgaon, was not challenged by the petitioners. Thus, the order has, in fact, become final. At the same time, undoubtedly, civil litigation was continuing between the petitioners and the respondent. The respondent had filed a civil suit for ejectment and recovery of arrears of rent which was decreed in favour of the respondent on 31-3-2000. No appeal has been filed against the said decree. The respondents, thereafter, have taken out execution proceedings. But order dated 23-12-2000, the executing Court has directed the attachment of certain amounts lying in fixed deposits in favour of the petitioners.

(3.) Mr.I.D. Singla, learned Counsel for the petitioners has submitted that the petitioners are prepared to pay the entire amount due together with interest under the dishonoured cheque. In fact, amount together with interest has been brought by the petitioners to Court in cash. It was this submission of the petitioners which had persuaded this Court to issue notice of motion of 6-12-2000 by passing the following order:- "Notice of motion to the respondent for January, 24, 2001. An offer is made on behalf of the petitioner that he is prepared to pay Rs.50,000/- along with interest to the complainant-respondent. The petitioner is, therefore, directed to bring with him the amount on the next date. Meanwhile, passing of the final order is stayed till then. Rest of the proceedings may continue. Copy of the order be given dasti under the signatures of Court Secretary. December 6, 2000. (Bakhshish Kaur) Judge"