IVAN PRINCE PARIHAR Vs. SHAHNAWAZ AHMAD BHAT

JUDGEMENT

(1.) The present petition has been filed under section 561-A Cr.P.C. (now 482 Cr.P.C.) by the petitioner for quashing the complaint, titled, "Shahnawaz Ahmad Bhat vs Ivan Prince Parihar " filed under section 138 of the Negotiable Instruments Act pending before the court of learned Special Mobile Magistrate, Pulwama (for short the trial court).

(2.) The petitioner has sought quashing of the complaint on the ground that he had entered into a Memo of Understanding with the respondents on 21.05.2016, wherein the parties have defined their respective rights and obligations towards each other. The details of Memo of Understanding are not required to be reproduced herein. It is further case of the petitioner that he had given three cheques as a security to the respondents. It is worthwhile to mention here that respondent No. 2 is not the party to the complaint, pending before the learned trial court. Petitioner has further stated in the petition that the cheques were given without any date but the amounts were mentioned in the same. He further avers that as a matter of goodwill he had paid a sum of Rs. 2.5 lacs to the respondents but the respondents in order to loot the petitioner, presented the cheques bearing Nos. 041798 for an amount of Rs. 2.5 lacs and 041800 and 041799 for an amount of Rs. 2 lacs each for encashment after filling the dates in the said cheques. The petitioner further states that he has never owed any money to the respondents and also in terms of clause (b) and (e) of the Memo of Understanding signed between the parties, the petitioner does not owe any liability towards the respondents. In support of his contention, the petitioner has placed on record the photocopies of the cheques issued by him those are without dates, the memorandum of understanding and other documents .

(3.) The respondent No. 1 has filed the objections and has stated that the pleas raised by the petitioner can be raised before the trial court as well and have denied the pleas raised by the petitioner.