BABY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition under Sec. 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in a complaint case No. N.I.Act7372020 dtd. 23/12/2020 titled as Tarsem Lal vs. Baby under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') (Annexure P-1) in which she has been declared a proclaimed person vide order dtd. 3/2/2022(Annexure P-2).

(2.) The petitioner and her husband entered into an agreement to sell land measuring 2 marlas bearing khasra no. 363 Red(32-0) situated in village Jammu Kalyari, H.B. No. 235, Tehsil and District Pathankot, on which a residential house is constructed, with the respondent-complainant. The said property is registered in the name of husband of the petitioner- Mukesh Kumar. According to the agreement, consideration amount was fixed at Rs.5,50,000.00, out of which the respondent paid Rs.2,50,000.00 as earnest money. Thereafter, the petitioner and her husband avoided executing the said agreement to sell. The respondent approached the Court of Civil Judge (Junior Division) where, vide judgment and decree dtd. 27/7/2018, the registered owner of the suit property was directed to return the earnest money of Rs.2,50,000.00 at the rate of interest of 6% p.a. from the date of execution till filing of the civil suit and 8% p.a thereafter till realization to the respondent along with cost of Rs.18,480.00.

(3.) In order to discharge their legally enforceable liability, the petitioner issued a cheque bearing no. 015181 dtd. 13/10/2020 for an amount of Rs.3,20,000.00 in favour of the respondent. The cheque was presented on 23/10/2020 for encashment but the same was dishonoured vide memo dtd. 26/10/2020 with the remarks- 'Funds insufficient.' Thereafter, the respondent served a legal notice dtd. 19/11/2020 upon the petitioner. However, the petitioner failed to pay the cheque amount withing the stipulated 15 days after the receipt of the legal notice leading the respondent to file a complaint under Sec. 138 of the NI Act on 23/12/2020 before the Chief Judicial Magistrate, Pathankot.