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2019 Supreme(SC) 353

D.Y.CHANDRACHUD, HEMANT GUPTA
RIPUDAMAN SINGH – Appellant
Versus
BALKRISHNA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Shyam Divan, Sr. Adv. Mr. Santosh Kumar, Adv. Mr. Visushant Gupta, Adv. Mr. Mushtaq Ahmad, AOR
For the Respondents: Mr. Akshat Shrivastava, AOR Ms. Pooja Shrivastava, Adv.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. These appeals arise from a judgment of a learned Single Judge of the High Court of Madhya Pradesh at its Bench at Indore dated 31 March 2016. The learned Single Judge has allowed a petition under Section 482 of the Code of Criminal Procedure, 1973[“CrPC”] and quashed the complaints instituted by the appellants under Section 138 of the Negotiable Instruments Act, 1881.

3. The appellants are spouses. Claiming to be owners of certain agricultural land they entered into an agreement to sell dated 28 May 2013 with the Respondent. The sale consideration was Rs. 1.75 crores. The agreement records that an amount of Rs. 1.25 crores was paid in cash and as for the balance, two post dated cheques were issued, each in the amount of Rs 25 lakhs.

4. The cheques were issued by the respondent in favour of the two appellants in the present appeals. The details of the cheques are as follows:

(i) Cheque No. 297251 dated 03.06.2013 drawn on Indusind Bank, Indore for an amount of Rs. 25,00,000/-(Rupees twenty-five lacs only) favouring Ripudaman Singh;

(ii) Cheque No. 297252 dated 02.07.2013 drawn on Indusind Bank, Indore for an amount of Rs. 25,00,
















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