DEEPAK PROJECTS PVT. LTD. Vs. AVTAR SINGH

JUDGEMENT

(1.) PRAYER in this petition, filed under Section 482, Cr.P.C., is for quashing of complaint No.84 dated 26.04.2010, titled as "Avtar Singh vs. Hardev Singh & Anr." for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for brevity "N.I.Act") pending before the learned Sub Divisional Judicial Magistrate, Malterkotala, and the summoning order dated 26.04.2010 qua the petitioner whereby the petitioner and respondent No.2 were summoned to face trial for the offence punishable under Section 138 of the N.I.Act. Brief facts

(2.) M /s Deepak Projects Private Limited is a company registered under the Companies Act at Jalandhar, and being run through its Managing Director, Deepak Kumar Jain. Vide registered sale deed No.3853 dated 13.03.2009, the petitioner purchased land measuring 26 bighas 01 biswa from respondent No.1 -complainant, Avtar Singh, for a consideration of Rs. 38,00,000/ -. The total sale consideration amount of Rs. 38,00,000/ - was paid to vendor - respondent No.1 -complainant Avtar Singh before the Sub Registrar, Malerkotala, and possession of the demised premises was handed over to the petitioner. Vide order dated 04.08.2009, mutation No.2045 was sanctioned in the name of the petitioner by the Assistant Collector First Grade, Malterkotala.

(3.) NOTICE of the present petition was issued to respondent No.1 -complainant and in response thereto, the reply has been filed.