Agri Best India Ltd. vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1758

SUDHIR MITTAL
Agri Best India Ltd. – Appellant
Versus
State of Haryana – Respondent

Advocates appeared:
For the Parties : Mr. Akashdeep Singh, Mr. Deepak Grewal DAG, Haryana, Mr. Roopam Aggarwal

Table of Content
1. quashing of the criminal complaint. (Para 1 , 2)
2. dispute over sale agreement and alterations. (Para 3)
3. arguments regarding cheque dishonour. (Para 4 , 5)
4. reliance on prior case law. (Para 6)
5. need for trial to resolve factual disputes. (Para 7 , 8)
6. dismissal of petition. (Para 9)

Judgment

Mr. Sudhir Mittal, J.

The accused has sought quashing of criminal complaint No.6-2 of 2017 dated 16.01.2017 filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).

2. According to the petitioners, State Bank of India had notified auction of land, building, plant and machinery of M/s Ranger Food Private Limited (hereinafter referred to as the RFPL) of which complainant-respondent No.2 was the Managing Director. In the auction held on 11.07.2016, the petitioner was the successful bidder. The bid was accepted and agreement dated 08.08.2016 was executed between petitioner No.1 and RFPL. According to this agreement, the dues of State Bank of India had been cleared and subject to certain conditions, sale deed was to be executed in respect of the land and building. An affidavit of even date was sworn by respond

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