OMBEER Vs. STATE OF U.P.
LAWS(ALL)-2011-9-371
HIGH COURT OF ALLAHABAD
Decided on September 03,2011

OMBEER Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

SHYAM SHANKAR TIWARI, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the state.
(2.) THIS petition has been filed under Section 482 Cr. P. C. for quashing the entire proceedings of criminal complaint case No. 2634/9 of 2010, Chandra Prakash Vs. Ombeer Singh, under Section 138 Negotiable Instruments Act, relating to Police Station Railway Road, district Meerut pending in the court of learned Addi ional Chief Judicial Magistrarte-VIIth, Meerut. It is contended by the learned counsel for the applicant that at the time of execution of the sale deed entire agreement amount of sale i.e. Rs.5,56,000/-has been paid to the seller before the witnesses and the cheque of Rs. 1,24,000/ - was given to the seller in advance which he had assured to return at the time of execution of the sale deed but subsequently after the execution of the sale deed he did not return that cheque and falsely implicated the applicant in this case.
(3.) AFTER considering the submissions made by the learned counsel for the parties, it appears that it is a dispute of civil nature and on perusal of the copy of the sale deed filed on record as annexure-8, it appears that the entire amount of sales consideration was paid to the seller at the time of execution of sale deed before the witnesses.;


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