2018 (8) TMI 2072

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....Meshram, Advocate. ORAL JUDGMENT Heard. 2. Admit. Considering the facts of the two cases, they are taken up for hearing simultaneously and are decided by common judgment. 3. It is not in dispute that an agreement of sale in respect of Plot No. 28 owned by the respondent/accused was entered into and the appellant had agreed to purchase the said plot. The appellant claimed that he pai....

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....reply. In the reply, the respondent/accused contended that he had received an amount of Rs. 09,00,000/- only and the claim of the appellant that the appellant had paid an amount of Rs. 13,60,000/- at the time of execution of the agreement for sale was not correct. As the respondent/accused failed to comply with the requirements of notice and had not paid the amount of cheque in spite of demand ....

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....ent/accused has not disputed the handwriting on the two cheques and has not denied that the signature on the two cheques is of the respondent/accused. The respondent/accused has not denied that the transaction in respect of Plot No. 28 had taken place and the respondent/accused admitted that he had received Rs. 09,00,000/-. The accused only denied that he had not received Rs. 13,60,000/as claim....

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....ints filed by the complainant have to be allowed. 8. Hence, the following order:( (i) The judgment passed by the learned Magistrate in SCC No. 19149/2014 on 28th October, 2015 and the judgment passed in SCC No. 17903/2014 on 28th October, 2015 are set aside. (ii) It is held that the respondent/accused is guilty of commission of offence punishable under Section 138 of the Negot....