ORAL JUDGMENT

1. Heard learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Hemang M. Shah for the applicant, learned Advocate Mr. H.M. Shah for the respondent No.1 and learned APP Ms. M.D. Mehta for the respondent No.2-State.

2. By way of this application the applicant prays for quashing of the Criminal Case being C.C. No. 16665 of 2009 filed before the learned Judicial Magistrate First Class, Ahmedabad (Rural) at Mirzapur by the respondent No.1 herein under the provisions of Section 138 of the Negotiable Instruments Act, 1881, (for short "NI Act").

3. Brief facts leading to filing of the present application being that the applicant was owner of a parcel of land situated in Bangalore and whereas the said land had been purchased by the accused-applicant herein from the complainant vide registered sale deed dated 25.09.2006. It is the case of the complainant that insofar as the consideration with regard to sale of land in question, the accused had given a cheque bearing No.243753 drawn on HDFC Bank, Madipakkam Branch, Chennai, for an amount of Rs.1,68,00,000/- dated 01.11.2008 and whereas the said cheque upon being presented on 05.12.2008, had been returned by the drawee