NEH PAL SHARMA Vs. BIJENDER SINGH

JUDGEMENT

(1.) THIS application has been moved under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the order dated 8.11.2007 passed by the Court of learned Additional Chief Judicial Magistrate, Faridabad.

(2.) I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.

(3.) THE brief facts are that the complainant/appellant paid a sum of Rs. 2 Lacs to the respondent-accused for the purchase of agricultural land. The latter fraudulently got the agreement executed in his own name instead of the complainant. Feeling tempted by the hiked prices of land, he disposed of the land. He repaid the amount of complainant by way of Cheque bearing No. 721917 dated 12.2. 06 drawn on Punjab National Bank, Branch at Railway Road, Faridabad. When the complainant-appellant presented this cheque in the aforesaid bank, the same was dishonoured on 3.5.2006 and it was returned with the remarks "Exceed Arrangement". On receiving the same, the complainant- appellant got issued legal notice through his counsel on 9.5.2006. Despite that, the accused failed to make the payment against the cheque in question within the prescribed period. He requested the accused to repay the said amount, but the same went unheeded. Thus, he has committed the offences punishable under Section 138 and 142 of the Negotiable Instruments Act and 420 of IPC by issuing forged cheque. The complaint was lodged on 7.6.2006. The notice was issued on 6.9.2006. It was on 8.11.2007 that the complaint was dismissed in default vide order Annexure A.1.