PAWAN YADAV Vs. SURENDER RATHI

JUDGEMENT

(1.) CRM-6007-2015

(2.) CRM-A-330-MA-2015

(3.) Brief facts of the case are to the effect that the appellant filed complaint under Section 138 of the N.I.Act against the respondent with the averments that the respondent along with Birender Singh, Dharmender and Subhash Chand had entered into an agreement to sell the land with the complainant for a total sale consideration of Rs. 1,05,00,000/-. The appellant had made the payment of entire sale consideration as full and final payment and date for execution and registration of sale deed was fixed as 29.08.2011. On the stipulated date, the respondent along with others did not appear before the Sub Registrar, Gurgaon for execution and registration of the sale deed in favour of the appellant. Later on, the appellant came to know that the respondent had sold the property to M/s Santoor City Pvt. Ltd., vide registered sale deed No.9659 dated 07.07.2011. On 13.10.2011, the respondent along with others came to the complainant and settled the matter for a sum of Rs. 1,80,00,000/- as per market value of the property. The respondent accepted the liability of Rs. 90,00,000/- out of Rs. 1,80,00,000/- and in discharge of his legal liability, the respondent issued three cheques bearing Nos.686169, 686170 and 686171 dated 29.08.2011 of Rs. 30,00,000/- each, all drawn on Oriental Bank of Commerce, Branch Mata Sheetla Devi Mandir, Sector-5, Gurgaon in favour of the complainant. When the appellant presented the said cheques in his bank ING Vysya Bank Limited, Sector-22, Gurgaon, but the same were dishonoured with the remarks "Title of Account Required", vide return memo dated 23.02.2012. The appellant also sent legal notice to the respondent requesting him to make the payment, but in vain. Hence, complaint was filed.