HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2304/2021
Sajjan Singh Gurjar S/o Sh. Kanhaiya Lal Gurjar,
----Petitioner
Versus
Chhitar Mal Sharma S/o Sh. Jagannath Sharma,
----Respondent
For Petitioner(s) : Mr. Vivek Goyal
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
06/10/2021
This criminal miscellaneous petition under Section 482 CrPC has been filed assailing the order dated 04.10.2019 whereby the revision petition filed by the petitioner against the order dated 17.03.2018 passed by the learned trial Court taking cognizance under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the Act of 1881") against him, has been dismissed.
Learned counsel for the petitioner contended that a perusal of the complaint along with documents available on record including the agreement to sell executed in March, 2017 in between the parties reveals that the cheques in question were issued by the petitioner as a security for payment of sale consideration under the agreement which were to be returned back to him on payment of amount mentioned therein to the complainant alongwith co-sellers. He submitted that in view of indisputable fact that the cheques did not represent any existing debt, there was no occasion for the learned trial Court to have taken cognizance against him under Section 138 of the Act 1881. (Downloaded on 06/10/2021 at 09:39:54 PM)
(2 of 2) [CRLMP-2304/2021] He relied upon the judgment of the Hon'ble Apex Court of India in case of I.C.D.S. Ltd. versus Beemna Shabeer & Anr., AIR 2002 Supreme Court 3014, in support of his submissions.
Issue notice to the respondent.
List the matter on 29.10.2021.
Heard the learned counsel on interim relief. Taking into consideration the contents of the complaint filed by the respondent against the petitioner in the light of terms of the agreement executed in between the parties for sell of the agricultural land in March, 2017 especially its Para 2 wherein it has been stated that the cheques in question were being issued as security which were to be returned to the petitioner on payment of amount against the same to the complainant and co-sellers, this Court deems it just and proper to stay the further proceeding in complaint No.1298/2018, Chitar Mal versus Sajjan Singh pending in the Court of learned Additional Chief Metropolitan Magistrate No.20, Jaipur Metropolitan (Sanganer) till the next date.
(MAHENDAR KUMAR GOYAL),J Manish/68 (Downloaded on 06/10/2021 at 09:39:54 PM) Powered by TCPDF (www.tcpdf.org)