REKHA SATHYANARAYANA Vs. P SURESH

JUDGEMENT

(1.) This petition has been filed by the petitioneraccused No.1 under Section 482 of Cr.P.C. seeking to quash the order dated 25.02.2016 in C.C.No.432/2016 on the file of the Principal Civil Judge (Jr.Dn) and J.M.F.C., Bellary.

(2.) I have heard the learned counsel for the petitioner-accused and the respondent-complainant.

(3.) The gist of the case of the complainant is that the respondent-complainant and the petitioner-accused are brothers and respondent was the owner in possession of brick factory. Due to some financial problem, respondent was willing to sell the said factory and he offered the same to the petitioner-accused for a sale consideration of Rs.83,62,000/- including term loan of Rs.28,00,000/- due to Indian Bank, Catholic Centre, Bellary. The petitioner-accused by accepting the offer, executed two sale deeds, one sale deed is dated 01.04.2015 for a sum of Rs.31,86,000/- out of which Rs.16,86,000/- was paid in cash and rest of the amount of Rs.15,00,000/- was paid by way of cheque bearing No.039463 dated 31.03.2015 drawn on Sir M. Vishweshwaraiah Co-operative Bank Limited, Bengaluru towards entire consideration amount and the said cheque came to be realized. Another sale deed was dated 01.04.2015 for consideration of Rs.23,96,000/-, out of which an amount of Rs.13,27,000/- was paid by cash and rest of the amount to the tune of Rs.10,00,000/- was paid by way of cheque bearing No.039464 dated 31.03.2015 drawn by the same bank. The petitioner, on the same day, entered into an agreement with the respondent and undertook to clear off the bank term loan of Rs.28,00,000/- and issued a blank cheque bearing No.039465 drawn on the same bank towards security for the clearance of the above said loan which is to be returned after clearance of the loan. The respondent-complainant further alleged that the said term loan was not cleared and when the said cheques were presented for encashment, they were returned with a shara "Stopped payment". Thereafter, a legal notice came to be issued to the petitioner, to which he has replied. Thereafter a complaint came to be registered for the offence punishable under section 138 of the Negotiable Instruments Act. The learned magistrate, after considering the facts and circumstances of the case, took cognizance and issued summons to the accused. Challenging the same, the petitioner-accused is before this Court.