JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’) has been filed by the petitioner seeking quashing of criminal complaint bearing no. 1759/2019 titled as “Imran vs. Akbar Ali” for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (‘NI Act’), as well as the summoning order dated 09.09.2019 and notice framed under Section 251 of Cr.P.C. vide order dated 15.03.2022, passed by learned Metropolitan Magistrate-01, North East, Karkardooma Courts, Delhi.

2. Brief facts of the case, as per the complaint filed under Section 138 of NI Act, are that accused Akbar Ali, who was having cordial relations with the complainant, had approached the complainant and had offered to sell a property bearing number B-80/13 Rakba 89 (2 Bed Room Flat, First Floor, Rajat Vihar, Sector 62, Noida, U.P), citing his dire need of money. It is stated that the complainant, being a considerate friend, understood the situation of the accused and when the accused had shown that the title documents of the above mentioned property were in the name of accused himself, the complainant had got ready to purchase the said property from him. For the said purpose, he had signed an agreement dated 05.06.2014 with the accused for an agreed sum of Rs. 61,00,000/- and the said amount had been paid as a lump sum cash amount of Rs. 61,00,000/- in one go, despite the fact that the complainant had to borrow Rs. 50,00,000/- from his cousin uncles, namely Mukammil Khan and Late Muzammil Khan, to ensure a quick and successful completion of the said deal. Once the money was paid by the complainant, the accused had sought time of three months for execution of sale deed on 06.07.2014. It is stated that even after 06.07.2014, the accused had kept postponing the execution of the sale deed on one pretext or another. Despite all the excuses given by the accused to the complainant, the complainant had shown empathy and had kept on agreeing to the requests of the accused for postponing the date of execution of sale deed. Finally, the complainant had approached the accused on 22.10.2015 to merely warn him that since more than one year had lapsed, the accused should transfer the said property in his name as agreed between them or else return the consideration money i.e. Rs. 61,00,000/-, otherwise he would be compelled to file a complaint against the accused. As alleged, the accused had suddenly become aggressive, and while verbally abusing the complainant, the accused had told him that he had already sold the said property, and he had also threatened to shoot the complainant. Thereafter, the complainant had lodged a complaint against the accused at P.S. Gokul Puri, New Delhi for the offence of cheating, breach of trust, threatening and fraud. Thereafter, the complainant had filed a complaint case under Section 156(3) read with Section 200 of Cr.P.C. before learned Chief Metropolitan Magistrate, Karkardooma Courts, Delhi, whereby the complainant was allowed to lead evidence in Pre- Summoning stage. It is stated that on 29.05.2019, after the complainant had examined himself before the Court as CW-1 and had corroborated all the allegations levelled by him in complaint, the accused had come forward to enter into a compromise with the complainant. Thereafter, the matter was settled in presence of respectable persons of society, in view of which the accused had offered to pay back a sum of Rs. 45,00,000/- as against the actual consideration amount of Rs. 61,00,000/-. In view of the aforesaid compromise between the accused and the complainant, the accused had handed over three cheques, each dated 01.06.2019, bearing No. 017042, 017036 and 017038, drawn on HSBC Advance, of amounts Rs. 20,00,000/-, Rs. 15,00,000/- and Rs. 10,00,000/- respectively (total sum amounting to Rs. 45,00,000/-). It was further agreed that once these cheques would get honored, the complainant would withdraw all pending cases an