KRISHAN KUMAR Vs. MANMOHAN CHOUDHARY

JUDGEMENT

(1.) The petitioner and his brother were owners and in possession of land measuring 07 Kanals 18 Marlas comprising Khasra No.468, 469, 470 min situated at Bablaiana Tehsil and District Jammu.

(2.) The case of the petitioner is that respondent-Manmohan Choudhary who is dealing in sale and purchase of the land approached the petitioner for purchase of the above said land, to which petitioner agreed and, accordingly, respondent on 30.09.2004 purchased the said land for a consideration of Rs. 13,82,500/- and paid Rs. 1,00,000/- as advance money. It is stated that before getting the sale deeds registered, agreement to sell was executed on 4th November, 2004 and respondent paid the amount except an amount of Rs. 2,86,000/- which was paid by way of bearer cheque dated 10.11.2004 drawn at J & K Bank Nai Basti. On 04.11.2004, respondent handed over a bearer cheque of Rs. 2,86,000 as balance amount of sale consideration to petitioner and asked the petitioner to execute sale deeds. Thereafter, petitioner under the impression that the said cheque will be cashed on its due date i.e. 10.11.2004 agreed to execute the sale deeds. It is stated that petitioner presented the aforesaid cheque to the J & K Bank on 20.11.2004, for encashment, but the cheque was returned with an endorsement "Payment stopped by the drawer". It is further stated that petitioner apprised the respondent about the encashment of the cheque, and the respondent told him that he could not arrange the cheque money on the due date, petitioner was asked to present the cheque again. Petitioner again presented the cheque for encashment, but the same was again returned unpaid. The petitioner served a notice on 29.03.2005 calling upon the respondent to make the payment of Rs. 2,86,000/- within 15 days, however, payment was not made.

(3.) Learned counsel for the petitioner states that petitioner filed a complaint under Section 138 Negotiable Instruments Act against the respondent and trial Court took cognizance u/s 138 Negotiable Instruments Act, and issued process. It is stated that respondent also filed a petition under Section 561-A Cr.P.C. bearing No.48/2006 in this Hon'ble Court which came to be disposed of on 25.02008 and the matter was remanded back to learned Magistrate. The operative part of the said judgment reads as follows:-