Sajjan Singh Gurjar S/O Sh. ... vs Lali Devi W/O Late Sh. Mangal Ram
2021 Latest Caselaw 5630 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 2303/2021

Sajjan Singh Gurjar S/o Sh. Kanhaiya Lal Gurjar,
                                                        ----Accused/Petitioner
                                   Versus
Lali Devi W/o Late Sh. Mangal Ram,
                                              ----Complainant/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 along with 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.

(2 of 2) [CRLMP-2303/2021]

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 the 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.1297/2018, Lali Devi 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/67

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