The complainant has filed the complaint under Section 200 of
Criminal Procedure Code against the accused for the offence
punishable under Section 138 Negotiable Instruments Act.
2. The brief case of the complainant is as under:
The complainant has pleaded that the accused is the maternal
cousin of the complainant having good relationship between
either and other family members. It is stated that during casual
discussions, the complainant has revealed that his wife, Mrs.
Hajira, has sold a property situated at Bagalagunte Village,
Bangalore and he is intending to purchase a suitable property
in and around Bangalore. Taking advantage of proximity of
relationship, the accused informed that he is the owner of the
property bearing Survey No. 247/2, measuring to an extent of 1
acre 33 guntas excluding 6 guntas and also in Survey No.
257/2 measuring 33 guntas including 3 guntas of karab totaly
an extent of 2 acres 35 guntas situated at Marenahalli Village of
Bangalore North Taluk. He has stated that he purchased said
property on 02.02.2013 and he got marketable title over the
said property. The accused, noticing the fact of availability of
good amount with the complainant, he informed that he is
intending to form a layout in the said property consisting of
C.C.No.25381/2021
different number of sites and proposed to sell the sites to the
complainant. Believing the words of the accused, the
complainant has agreed to purchase the sites. He has arranged
the amount out of the sale of the property of his wife and also
managed other savings. It is stated that the accused has
received a sum of ₹ 11,00,000/- on 23.02.2013 and later a sum
of ₹ 5,00,000/- on 20.03.2013. Thereby the accused has
received a sum of ₹ 16,00,000/- from the complainant. The
accused has promised that the site should be registered in his
name within 3 months. However after receipt of the said
amount, whenever the complainant inquired about registration
of the sites, the accused has informed that land in question was
under dispute from previous landowners and he unable to
convey the sale deed. Believing the words of the accused, the
complainant kept quiet. Finally, the accused has failed to
register the sale deeds as promised. Therefore the complainant
has persuaded the accused either to refund the amount or to
register the sale deed. Due to the pressure from the
complainant, the accused has agreed to refund the amount
received by him. But he has stated that he is not able to refund
entire amount and would refund the amount in intervals.
Towards partial refund of the amount the accused has issued a
post dated cheque during the month of August 2020, bearing
Cheque No. 806034 dated 26.03.2021 drawn on Andhra Bank,
C.C.No.25381/2021
now Union Bank of India, Kalyanagar Branch, Bangalore for a
sum of ₹10,00,000/-. The accused has also promised that he
will arrange sufficient funds in his account to honour the
cheque when it is presented for collection. The accused has also
assured that he will repay the balance sale amount after a
couple of months after clearance of the above-said amount.
