RAJENDRA UPADHYAY Vs. PREM MOTORS PVT. LTD.

JUDGEMENT

(1.) This order shall also govern disposal of M.Cr.C. No. 10130/2016 and 10131/2016 as facts and circumstances of both the case are similar. However, for the sake of arguments, facts of M. Cr. C. No. 10130/2016 are being taken for consideration.

(2.) Learned counsel for the petitioner submits that as per the Collaboration Agreement dated 20-6-2014, present petitioner had to make available certain pieces of land to the respondent and had to share the profit in 50-50 % ratio. In pursuance to the agreement, the petitioner has made available certain pieces of land to the respondent for which the respondent has paid the amount to land-owners directly, through account payee cheques. Later on due to certain disputes the respondent asked the petitioner to deposit some security amount in favour of the respondent, therefore, petitioner under compulsion has issued blank cheque bearing No. 091287 (undated) of Axis Bank, Gwalior in favour of respondent. The cheque accompanied the letter dated 20-6-2014; wherein, reference (of cheque to be kept in safe custody) has been mentioned. The said letter dated 20-6-2014 is on record.

(3.) When the cheque was presented by the respondent for honouring the same, the cheque got bounced and dishonoured and therefore, respondent has preferred a criminal complaint against the petitioner under section 138 of the Negotiable Instruments Act contending inter alia that the petitioner has not completed his part of compromise and has issued a cheque which got bounced due to insufficiency of funds. The Judicial Magistrate First Class, Gwalior has issued summons under section 204 of Code Criminal Procedure to the petitioner who appeared before the Court and filed an application for dismissal of the complaint on the ground as alleged in the present petition. The said application got rejected by the JMFC, Gwalior vide order dated 6-5-2016, which was challenged in the revisional jurisdiction before the Sessions Court but met with the same result. Therefore, petitioner is before this Court under section 482 of Criminal Procedure Code.