This application under Section 482 of Cr.P.C. has been filed for quashment of Complaint Case SCNIA No. 202/2018, registered vide order dated 07.02.2018 pending in the Court of JMFC, Jabalpur for offence under Section 138 of Negotiable Instruments Act.

2. It is submitted by counsel for applicant that an agreement to sale was executed between applicant and respondent on 13.01.2016 for sale of certain piece of land for a consideration of Rs.14,50,000/-. An amount of Rs.8,50,000/- was paid and it was directed that the remaining amount of Rs.6,00,000/- shall be paid at the time of execution of sale deed. Time was not made an essence of contract. The applicant gave a cheque of Rs.6,00,000/- on 05.10.2016 towards the outstanding amount. However, the respondent did not execute the sale deed, therefore, the applicant issued an instruction to the Bank to stop payment and accordingly, the cheque was dishonored on 30.12.2016 on the ground of stop payment. It is submitted by counsel for applicant that in the meanwhile, the applicant has filed a Civil Suit for specific performance of contract. The said Civil Suit has been partially dismissed by judgment and decree dated 20.11.2023 passed by