JUDGMENT

Mr. Karamjit Singh, J.

The instant petition has been filed by the petitioner/accused under Section 482 Cr.P.C. seeking quashing of criminal complaint No.14 /2017 dated 15.2.2017/10.4.2018 Ranbir Singh Rana v. Rajesh Kumar under sections 138 of Negotiable Instruments Act (in short 'NI Act') pending in the Court of learned Judicial Magistrate Ist Class, Assandh District Karnal (Annexure P-1) and all the consequential proceedings arising therefrom including summoning order dated 30.5.2017 (Annexure P-2).

2. The further proceedings against the petitioner were stayed vide order dated 24.5.2019 whereby notice of motion was issued to the respondents. In response to the said notice, complainant/respondent No.1 put in appearance through his counsel, while respondent No.2 was represented by the State counsel and reply was filed on behalf of the State.

3. After COVID-19 pandemic was over, when the case was fixed for regular hearing, none has put in appearance on behalf of respondent No.1.

4. The brief facts of the case are that complainant/respondent No.1 filed criminal complaint under section 138 of NI Act against the petitioner wherein it was alleged that the complainant along with 4 other persons took land comprised in Khasra No.4676 ad-measuring 12236 square yards situated in Karnal on lease of Rs.16,500/- from Haryana Wakf Board vide lease deed dated 30.6.2011. Thereafter the present petitioner and one Anil Kumar took the said land further on lease for a sum of Rs.13,09,000/- from the complainant against affidavit dated 21.6.2016. The present petitioner paid sum of Rs.1,99,000/- in cash and for the balance payment of Rs.11,10,000/-, petitioner issued three cheques i.e. cheque No.009984 dated 20.11.2016 amounting to Rs.5.5 lac; cheque No.009985 dated 20.11.2016 worth Rs.5.5 lac; and cheque No.009986 dated 20.11.2016 amounting to Rs.10,000/- and all the said cheques were drawn on Union Bank of India branch Panipat in the name of complainant. On presentation the said cheques were returned to the complainant with remarks 'payment stopped by drawer' vide memo dated 28.11.2016. Thereafter statutory notice under section 138 of NI Act was issued but the petitioner failed to make the payment of cheque amount and then the impugned criminal complaint was filed by respondent No.1 against the petitioner in the Court concerned.

5. On conclusion of the preliminary evidence the learned trial Court passed order (Annexure P-2) with direction to summon the petitioner to face trial under section 138 NI Act.

6. Being aggrieved, the petitioner has filed the present petition.

7. The counsel for the petitioner has assailed the complaint (Annexure P- 1) and summoning order (Annexure P-2) inter alia on the ground that the impugned complaint is not maintainable as the same is relating to time barred debt and further the cheques in question were not issued for discharge of any legally enforceable liability.

8. The counsel for the petitioner has contended that respondent No.1 and some other persons took land in question on lease from Haryana Wakf Board vide lease deed dated 30.6.2011 (Annexure P-4) and respondent No.1 while posing himself to be the owner of the said land further transferred/leased the same to the petitioner vide affidavit (Annexure P-5), in violation of the terms and conditions of lease deed (Annexure P-4) which was executed by the respondent No.1 with Haryana Wakf Board as per which respondent No.1 was having no right to sub-lease the property in question to anyone else. The counsel for the petitioner has further submitted that the property in question is a gra