DHARAMBIR SINGH AND ORS. Vs. ANJU

JUDGEMENT

(1.) Legal heirs of Bhoop Singh complainant have filed this application for grant of leave to appeal against the judgment dated 15.5.2010, passed by the learned Judicial Magistrate 1st Class, Gurgaon whereby the complaint filed by the complainant under Sec. 138 Negotiable Instruments Act, 1881 was dismissed and accused was acquitted of the charges framed against her.

(2.) As per version of the complainant, as given in the complaint, he agreed to sell agricultural land measuring 124 kanals bearing khewat/khatoni No. 169/187 situated in the revenue estate of village Dhorka, Tehsil and District Gurgaon, as per the jamabandi for the year 2003 -2004 to the accused for the total sale consideration of Rs. 31 crores. As the complainant was having faith in the accused, therefore, he executed registered sale deed bearing Vasika No. 1069 dated 28.07.2008. For the sale consideration the accused issued five cheques worth Rs. 5.58 crores each, detailed as under: -

(3.) The cheques were presented to the drawee Syndicate Bank, Branch Wazirpur. However, the same were returned with the remarks "payment stopped by the drawer". After issuing the statutory notice, the complaint was filed.