MANISH JAIN Vs. SURENDER SINGH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. is for quashing of complaint bearing No. 23 dated 10.01.2012 (P -13) filed by the respondent/complainant under Section 138 of Negotiable Instruments Act, 1881 (for short 'the Act') and summoning order dated 14.05.2012 (P -6), vide which the petitioner has been summoned to face the trial.

(2.) THE complainant is a proprietor of Rathee Sales Corporation, Sector 5, near Mata Sheetla Mandir, Gurgaon. On 17.02.2011, the complainant made an agreement with land lords/farmers Sh. Mangat Ram and others to purchase their land approx 7000/ - sq yards, which is situated at village Sarai Alawardi, Tehsil and District Gurgaon for total sale consideration amount of Rs. 8,20,00,000/ - (Eight crores twenty lacs). The date of registration of sale deed was fixed as 07.07.2011 in the office of Sub Registrar, Gurgaon. On 20.06.2011, the accused/petitioner Manish jain approached the complainant/respondent through Sh. Subhash Rawal, proprietor of Shriram properties, Pal Vihar Gurgaon and requested the complainant that the accused are interested to purchase 6560 sq yards out of the aforesaid land. The accused offered a consideration amount of Rs. 11,28,00,000/ - (Eleven crores and twenty eight lacs) of the aforesaid property. The accused gave an advance of Rs. 20,00,000/ - (twenty lacs) through two cheques in the presence of witnesses. A receipt was also executed by the complainant and the accused and the same was witnessed by Sh. Subhash Rawal. The accused promised the complainant that the balance sale consideration amount of Rs. 11,08,00,000/ - would be paid on or before 07.07.2011.

(3.) THE petitioner is seeking quashing of complaint as well as summoning orders in the present petition.