FAYAZ AHMAD SHEIKH Vs. MUSHTAQ AHMAD KHAN

JUDGEMENT

(1.) By this common judgment, the afore titled two petitions filed under Sec. 482 of the Code of Criminal Procedure are proposed to be disposed of.

(2.) Through the medium of CRM(M) No.280/2021, the petitioner has challenged the complaint filed by respondent against him for commission of offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act) as also the proceedings emanating therefrom.

(3.) It appears that respondent/complainant had filed a complaint for commission of offence under Sec. 138 of NIA Act against the petitioner before the Court of Forest Magistrate, Srinagar (hereinafter referred to as the trial Magistrate). In the complaint, it was alleged that the petitioner had approached the respondent and offered to sell a patch of land measuring 01 kanal situated at Gangbugh Tehsil and District Budgam, pursuant to which the respondent/complainant advanced a sum of Rs.29.00 lacs as part payment. It was further averred in the complaint that the petitioner/accused had promised to provide the land in question within a week's time, failing which he was to pay damages to the tune of Rs.10.00 lacs. It was further alleged that the petitioner/accused failed to provide the land within the stipulated time as per the agreed terms which made him liable to return the amount received by him along with the damages. According to the respondent/complainant, the petitioner/accused issued three cheque bearing Nos.0010168 for an amount of Rs.5.00 lacs, 000170 for an amount of Rs.5.00 lacs and 000171 for an amount of Rs.5.00 lacs all dtd. 20/3/2021, drawn on HDFC Bank Ltd. Branch office Baghat Barzulla. The respondent/complainant presented these cheques before the concerned bank but the same were dishonoured with the endorsement "drawers account closed" vide memo dtd. 9/4/2021.The respondent/complainant is stated to have served a demand notice upon the petitioner/accused by sending the same through registered post on 16/4/2021 but in spite of having received the said notice, the petitioner/accused did not liquidate the amount of cheques to the respondent/complainant compelling him to file the impugned complaint before the trial Magistrate on 30/7/2021.