VATIKA LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) Prayer in this petition is for quashing of the impugned summoning order dtd. 1/7/2014 (Annexure P-6), passed by the trial Court, as well as the order dtd. 21/8/2014 (Annexure P-7), passed by the revisional Court and the impugned complaint No. 370 dtd. 1/7/2014 (Annexure P-5), titled as Bimla Devi vs. Vatika Limited and others, along with all the subsequent proceedings arising therefrom.

(2.) Brief facts of the case are that respondent Bimla Devi filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') with the allegations that accused Nos. 2 and 3, on behalf of accused No. 1, entered into an agreement of collaboration on 6/8/2013 for development of land in village Garhi Harsaru, Tehsil and District Gurugram. The accused persons agreed to purchase the said land for a total sale consideration of Rs.3,50,00,000.00 (Rupees three crore and fifty lakh only). Out of which, Rs.50,00,000.00 was paid, vide cheque No. 379524 dtd. 6/8/2013, drawn at IndusInd Bank, MG Road, Gurugram and the balance amount of Rs.3,00,00,000.00 (Rupees three crore only) was agreed to be paid after some time and then the accused had given a post dated cheque bearing No. 379529 dtd. 7/4/2014, amounting to Rs.3,00,00,000.00, drawn on IndusInd Bank, Sushant Lok, Phase-I, Gurugram to complainant/respondent and assured her that the same would be honoured on its presentation.

(3.) It was further stated that the complainant presented the aforesaid cheque to her bank, however, the same was returned to the complainant with endorsement "Payment stopped by Drawee", vide return memo dtd. 7/4/2014. Thereafter, the complainant, after serving a legal notice to the accused persons, filed the impugned complaint.