RACHPAL SINGH Vs. SARABJIT SINGH

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made for quashing of the criminal complaint titled as "Sarabjit Singh Versus Rachpal Singh" bearing Case No. NACT-192-2020 pending before the court of Learned Judicial Magistrate First Class, Amritsar and all the subsequent proceedings arising therefrom including the order dtd. 17/2/2020 vide which delay in filing the complaint has been condoned as well as order dtd. 19/7/2021 whereby petitioner has been summoned to face the trial under Sec. 138 of the Negotiable Instrument Act, 1881 (hereinafter referred as 'NI Act').

(2.) Briefly stated, facts of the case are that a complaint was filed by the respondent before learned JMIC, Amritsar under NI Act by making allegations that petitioner entered into an agreement to sell dtd. 12/3/2019 with the respondent for 10 Kanals of land situated at Village Gumanpura, District Amritsar for consideration of Rs.30.00 Lacs per acre. It was specified in the agreement to sell that Rs.35.00 lacs has already been given by the respondent/complainant to the petitioner as earnest money and target date for registration of title deed would be 10/8/2019. But subsequently, petitioner refused to honor the terms and conditions of the agreement to sell and refused to execute the title deed and agreed to return the amount of Rs.35.00 Lakhs which he received as earnest money and an agreement dtd. 3/8/2019 was also reduced into writing to this effect. Petitioner, in pursuance to this written agreement and in order to partly discharge his liability issued two (02) cheques bearing No.279705 dtd. 5/11/2019 for an amount of Rs.9,00,000.00 and No.279706 dtd. 7/11/2019 for an amount of Rs.9,00,000.00 in favour of respondent.

(3.) Learned counsel for the petitioner contended that no opportunity was granted to the petitioner to contest/object to the pleading of the complainant by the Learned Trial Court while allowing the application filed by the respondent for condoning the delay vide impugned order dtd. 17/2/2020. Relying upon the judgments passed by the Hon'ble Apex Court in "P.K. Choudhury ?. Commander", reported as 2008(2) RCR (Criminal) 482 and "K.S. Joseph Versus Philips Carbon Black Ltd. and another", reported as 2016 (2) RCR Criminal 788, he contended that for condoning delay in complaint filing beyond the period of limitation, natural justice warrants notice to the accused so as to grant him an opportunity to show that the delay should not be condoned. He further submitted that these judgments have been followed by many High Courts as well as by this Court in many cases and in support of the same; he relied upon the following judgments:-