2025:CGHC:1176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 167 of 2018 Amisha Ayyer W/o Shri Raju Swami Aged About 23 Years R/o Aishwarya Niwas, Chourasia Colony, Mathpuraina, Tahsil and District Raipur Chhattisgarh, ... Petitioner versus Adarsh Chandraker S/o Goverdhan Prasad Chandraker Aged About 40 Years R/o House No. 203, Samta Colony, Raipur District Raipur Digitally Chhattisgarh, signed by PREETI PREETI KUMARI KUMARIDate: ... Respondent

2025.01.09

11:29:41 +0530 For Petitioner : Mr. Yogesh Pandey, Advocate.

For Respondent : Ms. Neelam Jaiswani, Advocte holding the brief of Mr. Chakresh Tiwari, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

06.01 .2025

1. Heard Mr. Yogesh Pandey, learned counsel for the petitioner. Also heard Ms. Neelam Jaiswani, Advocate holding the brief of Mr. Chakresh Tiwari, Advocate, learned Panel Lawyer appearing for the respondent.

2. The present petition has been filed by the petitioner with the following prayer:

“ It is therefore, prayed that this Hon'ble Court may be pleased to allow this petition and the order dated 04.02.2017 passed in Complaint Case No. 1195/17 may kindly be set-aside and further, the Hon’ble Court may kindly quash the whole complaint case registered against the petitioner in the interest of justice.”

3. The prosecution case in brief is that the petitioner is a daughter of Shri Dinesh Swami and late Dr. Smt. Anita Swami. Mother of the petitioner late Dr. Smt. Anita Swami owns and possesses a house which is numbered as H.No. 52/284/1 (Aishwarya Niwas) situated at Math Puraina, Chourasia Colony, Raipur (C.G.) area about 1500 Sq. Ft. Dr. Smt. Anita Swami mother of the petitioner entered into agreement to sale the above property with the complainant on 03.01.2014 by agreed sum of Rs. 30,00,000/-. Dr. Anita Swami received a sum of Rs. 10,00,000/- by way of Cheque of Bank of Badoda from the complainant and on the same day entered into an agreement with the complainant. Further, the complainant given Rs. 2,00,000/- by way of cheque to Dr. Smt. Anita Swami. In this way Dr. Smt. Anita Swami received a sum of Rs. 12,00,000/- from the complainant by way of 3 different cheques. Because of above agreement complainant published Paper Publication (Aam Suchana) in the daily news paper on 25.03.2014 about any person having objection on the said sale of the house in question. On 29.03.2017 a rebuttal of the above paper publication was published by stating that Dr. Smt. Anita Swami was expired on 23.03.2014. After rebuttal of the above general publication the complainant visited the house of the petitioner and request was made on behalf of the petitioner that the said sale agreement may kindly be cancel because now they did not want to sale the same. It was the contention of the complainant in the complaint that the accused person had accepted the payment of Rs. 12,00,000/-. Initially the complainant was not agreed but later on he agreed to cancel the sale agreement on a condition of payment of Rs. 12,00,000/- to the complainant immediately. Father of the petitioner, namely, Dinesh Swami issued cheque of Rs. 12,00,000/- to the complainant on 25.06.2014 of Gramin Bank, Telibandha Branch, Raipur (C.G.) but when complainant / respondent deposited the said cheque the said cheque was dishonored by stating that the account was closed. After dishonorment of the cheque the complainant sent legal notice dated 04.07.2014 to the petitioner and her father. Petitioner replied the legal notice by way of reply dated 09.07.2014 stating that she has not issued any cheque and therefore she did not have any liability of any type of payment. The respondent/complainant prefers a complaint under Section 200 of Cr.P.C. before the Judicial Magistrate First Class, Raipur (C.G.) for registration of offence under Section 138 of the Negotiable Instrument Act and Sections 420, 467, 468 and 471 of IPC. The learned trial Court without appreciating the case on its own merits and without considering the fa