Cheques issued remain enforceable despite concurrent civil suits; unilateral cessation of payment does not negate liabilities under the Negotiable Instruments Act.

ORDER :

(Ahsanuddin Amanullah, J.)

In these petitions, the common petitioner assails separate but identical Final Judgments dated 12.10.2017 passed in Criminal Miscellaneous Applications (For Quashing & Set Aside FIR/Order)³[(sic).] Nos.10909 of 2017 and 11594 of 2017 (hereinafter referred to as the ‘Impugned Judgments’) by a learned Single Bench of the High Court of Gujarat (hereinafter referred to as the ‘High Court’). By the Impugned Judgments, the High Court dismissed the afore-noted Criminal Miscellaneous Applications, rejecting the prayers made to quash the criminal proceedings against the petitioner, being Criminal Case (CC) No.13900 of 2016 (with respect to⁴[Hereinafter abbreviated to w.r.t.] Cheque No.019748) and Criminal Case (CC) No.1221 of 2017 (w.r.t. Cheque No.019749) pending on the file of the Chief Judicial Magistrate at Vadodara. The petitioner is accused no.1 in CCs No.13900 of 2016 and 1221 of 2017, filed by the complainant- respondent no.2 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘Act’).

BRIEF FACTS:

2. The respondent no.2-complainant is a Partner in the Partnership Firm named M/s J.N. Corporation. The respondent no.3-accused no.2-M/s Brahmani Buildcon is a Partnership Firm and accused no.1 and accused nos.3 to 9 are Partners of the said Partnership Firm-respondent no.3. The accused persons are engaged in the business of construction of residential houses, flats and shops. Petitioner-accused no.1 before this Court is one of the Partners in respondent no.3-accused no.2.

3. M/s. J.N. Corporation entered into an Agreement to Sell dated 19.06.2012 (hereinafter referred to as the ‘ATS’) with the original landowners of land situated at Revenue Survey No.576 having Final Plot No.26 at Sayajipura, District Vadodara admeasuring 27,855 sq. mtrs. for Rs.37,15,00,000/- (Rupees Thirty-Seven Crores and Fifteen Lakhs) having fixed the rate at Rs.1,200/- (Rupees One Thousand Two Hundred) per sq. mtr. The ATS was notarized and registered with Registration Number 1289. As per the ATS, the amounts were to be paid on different dates by respondent no.2 to the original owners, with the last tranche to be paid on 01.11.2014.Certain modifications to the ATS were made between the respondent no.2-complainant (on behalf of M/s. J.N. Corporation) and the landowners on 26.06.2013.

4. On 28.06.2013, in part-performance of the ATS, as modified, the original landowners executed a registered Sale Deed in favour of respondent no.2 qua 5475.81 sq. mtrs. out of 27855 sq. mtrs. of the land towards a consideration of Rs.7,07,29,932/- (Rupees Seven Crores Seven Lakhs Twenty-Nine Thousand Nine Hundred Thirty-Two). On 12.09.2014, the original landowners, on account of non-performance of obligations under the ATS as modified, sent a Legal Notice to M/s. J.N. Corporation purporting to have cancelled the ATS, as modified, and forfeited Rs.1,15,00,000/- (Rupees One Crore Fifteen Lakhs) already paid to them.

5. M/s. Brahmani Buildcon [accused no.2-respondent no.3 in SLP (Crl.) No.9226/2017] showed interest in purchasing the aforesaid land. Therefore, accused no.2 Partnership Firm, through one of its Partners i.e., the petitioner, entered into a Memorandum of Understanding (hereinafter referred to as the ‘MoU’) on 14.05.2015. M/s. Brahmani Buildcon (through petitioner) M/s. J.N. Corporation (through respondent no.2), in whose favour the ATS was executed as well as the original landowners through their Power-of-Attorney-holder, one Mr. Ratilal M. Patel, were parties to the said MoU. M/s. Brahmani Buildcon agreed, inter alia, to purchase part of