- (1.) Crm-5438-2015 This is an application seeking condonation of delay of 186 days in filing the present application under Section 378(4) Cr.P.C. Perusal of the application shows that the application under Section 378(4) Cr.PC was filed within prescribed period of limitation i.e. on 22.8.2014 but certain objections were raised by the Registry. Thereafter on 12.9.2014 wife of the counsel for the applicant expired in an accident. Learned counsel for the applicant remained disturbed and in this manner, he has lost 3-4 briefs including the present one. For the reasons stated in the application, the same is allowed and the delay of 186 days in filing the application under Section 378(4) Cr.PC is condoned. This application has been moved under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the judgment dated 30.7.2014 passed by learned Chief Judicial Magistrate, SAS Nagar, Mohali.
(2.) Briefly stated, the applicant-complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents-accused, namely, Karamjit Singh and his wife Komalpreet Kaur. As per the complaint, the complainant and accused had cordial relations for the last many years as the accused had purchased some plots through the complainant in Sunny Enclave, Kharar. The complainant also had full faith in the respondents-accused. The accused are running the business of Immigration Consultancy under different names and one of their firm is known as Indus Consultants, SCO 79, Phase 2, Mohali. They are also running a firm under the name and style of Tricity Investment and Real Estate Private Limited, Phase 2, Mohali and the accused persons are the Directors of the said firm. The accused have shown their intention to purchase the plot No.867, measuring 233.33 sq yards at Sunny Enclave, Village Jhungian. The deal was struck between the complainant and accused.
(3.) It has further been alleged in the complaint that in order to discharge their liability, the accused handed over a cheque bearing No.005412 dated 17.10.2011 amounting to Rs.11,50,000/- to the complainant from the account in HDFC Bank, Phase 2, Mohali. They also handed over original agreement to sell dated 30.07.2011 regarding flat No.4599, Top Floor, AWHO Complex, Darshan Vihar, Sector 68, Mohali, made between the accused and one Kashmir Singh son of Jagat Singh resident of village Dhotian, District Taran Taran, with the complainant as security. Thereafter, the complainant came to know that the aforesaid flat is got transferred by the accused in their name and Plot No.867 belonging to the complainant was also transferred in the name of accused on 22.09.2011. The accused assured the complainant that when the said cheque will be presented in the bank for its encashment, the same will be honoured. On said assurance of the accused, the complainant presented the said cheque in the bank on 23.11.2011. However, the said cheque stood dishonoured due to to the reason "payment stopped by the drawer", vide memo dated 23.11.2011. The complainant received the dishonoured cheque back on 02.12.2011. Thereafter the complainant sent a legal notice to the accused on 08.12.2011 but the accused had failed to make the payment. Therefore, the complaint in question was filed.;