Madhya Pradesh High Court
Shantinath Colonizer Thr. ... vs Gendalal on 26 June, 2021
Author: Anjuli Palo
1 MCRC-30941-2019
The High Court Of Madhya Pradesh
MCRC-30941-2019
(SHANTINATH COLONIZER THR. PARTNER RAJENDRA CHOUDHARY Vs GENDALAL)
11
Jabalpur, Dated : 26-06-2021
Heard through Video Conferencing.
Ms. Namrata K. Agrawal, counsel for the applicant.
Shri Sunil Kumar Mishra, counsel for the respondent.
Heard on I.A. No. 13955/2019, which is an application for staying the
proceedings of NIA No. 562/2018 pending in the Court of Chief Judicial
Magistrate, Sehore.
The facts of the case, in short, are that the applicant is engaged in a
business of developing colonies in the name of Shantinath Colonizer and
Developers. An agreement was executed between the applicant and the
respondent on 19.4.2017. As per the terms and conditions of the agreement,
it was resolved between the parties that the respondent shall sell his lands
bearing Khasra No. 85/2 area 1.433 hectare, Khasra No. 86/4 area 0.465
hectare (total area 1.898 hectare), situated at village Murli, Patwari Halka No.
37, Revenue No. 03, Vikaskhand Sehore, Tehsil and District Sehore to the
applicant for a total consideration of Rs. 2,24,00,000/- and advance of
Rs.1,40,00,000/- was to be paid by the applicant through cheques on
different dates as mentioned in the agreement. It was further agreed that the
respondent shall get the land measured by the government official before
registration of the sale deed and only after measuring the area of the land, the
value of the land shall be finalized. As per clause 13 of the agreement, the
respondent shall provide approach road with fencing. It was further agreed
that after fulfillment of Clause 11 and 13 of the agreement and after paying
advance amount by the applicant/buyer, the registered sale deed shall be
executed.
As per the terms and conditions of the agreement, the applicant,
presented a cheque for Rs. 6 Lakhs in Punjab National Bank, which was
2 MCRC-30941-2019
returned on account of insufficient balance, therefore, the respondent served
a legal notice Annexure P-4 to the applicant on 13.2.2018 under Section 138
of the Negotiable Instruments Act. The applicant replied vide Annexure P-5
to the said legal notice. Dissatisfied with the same, the respondent filed a
complaint Annexure P-6 in the Court of Chief Judicial Magistrate under
Section 138 of the Negotiable Instruments Act, hence this petition under
Section 482 of the Cr.P.C. has been filed by the applicant seeking quashment
of the aforesaid complaint case and its consequential proceedings.
Learned counsel for the applicant has submitted that there is no breach
of terms and conditions of agreement on the part of the applicant. In fact, the
respondent has failed to fulfill his part of the agreement and inspite of the fact
that no registration of land took place in favour of the applicant, presented a
cheque for Rs. 6 Lakhs. It is further submitted that the dispute between the
parties is purely of civil nature, which does not fall within the parameters of
Section 138 of the Negotiable Instruments Act. It is further submitted that
there is a serious breach of contract by the respondent and the remedy of
filing the civil suit for specific performance of contract is available to the
parties. Reliance has been placed on the judgment of Karnataka High Court in
the case of Venkatesh Bhat A. Vs. Rohidas Shenoy reported in 2010
Cri.L.J.1061. By way of filing I.A. No. 13955/2019, stay of further
proceedings of aforesaid complaint case is prayed.
I have heard learned counsel for the parties at length. Looking to the
terms and conditions of the agreement entered into between the parties
(Annexure P-1), admittedly the applicant has paid Rs. 1,40,00,000/- as
advance to the respondent and may be the dispute arose between the parties
is of civil nature, I.A. No. 13955/2019 is partly allowed.
The trial Court is directed not to pass the final order/judgment in N.I.A.
No. 562/2018 till the disposal of this petition.
(SMT. ANJULI PALO)
3 MCRC-30941-2019
JUDGE
PB
Digitally signed by
PRADYUMNA BARVE
Date: 2021.07.01
17:13:59 +05'30'
