This petition filed under Section 482 Cr.P.C. challenges proceedings initiated by private respondent under Section 138 of the Negotiable Instruments Act.
In the contention of learned counsel appearing for the petitioner, perusal of the complaint itself would establish that negotiable instrument for a sum of Rs.7,00,000/- was given to the respondent-complainant as sale-consideration of a property. Learned counsel has referred to sale-deed, appended with the petition as Annexure-5, to say that recital in the sale-deed establishes that entire sale-consideration had been received by the respondent. Under the circumstances, it has been pleaded that a bare perusal of documents available on record indicates that there was no liability for the petitioner to discharge. In such circumstances, the respondent having received Rs.7,00,000/- in cash was bound to not present the negotiable instrument for encashment.
Issue notice to respondent no.2 through Chief Judicial Magistrate, Lucknow, returnable on 6.8.2014.
List on 6.8.2014.
In the meantime, considering nature of proceedings the petitioner shall appear before the Trial Magistrate and furnish bail bonds within three weeks from today.
Non-bailable warrants would not be executed till the next date of listing.
Order Date :- 4.7.2014 A.Nigam