PHOOLPATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of the aforementioned petitions as identical questions of law and facts are involved, for adjudication. For the facility of reference, the facts are being taken from CRM -M -52480 -2007.

(2.) SATPAL son of Rangi Ram (respondent) filed the complaint under Section 138/143 of the Negotiable Instruments Act 1881 (in short 'the Act') on the premise that the accused namely Smt. Phoolpati wife of Raj Singh and Raj Singh son of Prithi Singh purchased agriculture land measuring 26 kanals 8 marlas for a sale consideration of Rs. 38,61,000/ - vide registered sale deed bearing Vasika No. 753 dated 02.08.2006 from the complainant and his co -sharers namely Surjan and Krishan. At the time of execution of sale deed, Phoolpati and Raj Singh paid only an amount of Rs. 19,61,000/ - out of total sale consideration of Rs. 38,61,000/ -. They agreed to pay the balance amount of Rs. 19 lacs in near future as they could not arrange for the amount since they have also purchased another parcel of land measuring 53 kanals 12 marlas @ Rs. 11,70,000/ - per acre. The accused on 30.05.2007 handed over 2 demand drafts (on demand pay) dated 29.05.2007 bearing TEU 848509 and TEU 848510 for an amount of Rs. 9.5 lacs each issued by the Punjab National Bank, Sector 14, Sonepat (Haryana). The complainant presented the drafts in Co -operative Bank at village Ahar and the said bank sent the drafts to Central Co -operative Bank, Panipat for collection. The complainant on 09.06.2007 received information with a report 'Lost'; the accused failed to pay the amount of drafts despite receipt of legal notice dated 06.06.2007.

(3.) ANOTHER submission made by counsel is that the drafts were got prepared from the account of Ramphal son of Prithi and even if the drafts in dispute were not encashed, at best, Ramphal son of Prithi can be prosecuted for committing offence under Section 138 of the Act. In support of his contention, he has relied upon judgment of the Hon'ble Supreme Court of India in P.J. Agro Tech Limited and Others Vs. Water Base Limited : (2011) 2 Supreme Court Cases (Crl.) 164.