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2022 (6) TMI 699 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - framing of charges - acquittal of the accused - Section 138 of NI Act, 1881 - HELD THAT:- It is evident that the complainant asserted that after the registration of the Sale Deeds she and her co-sharers handed over physical possession of the land to the accused person herein. In her examination in chief on affidavit, the complainant herein stated that on the date of registration of those deeds itself they handed over such possession to the accused person herein, by shifting their stand as made in the complaint petition. In the cross-examination, the complainant admitted that the accused person never took any loan from her. She again volunteered during such cross-examination that she deposited the cheque only after handing over possession of the land to the accused so far. Even as on date if possession is delivered, would immediately pay the cheque amount. From the affidavits, more particularly, as per the affidavit under Exbt.A, it appears that the parties to the agreement for sale, ultimately, shifted from their original agreement due to changed circumstances of non-registration of those deeds. They altered the terms of their contract in respect of payment of money that it would be paid by the accused only after possession of the purchased land was handed over to him by the complainant. Such novation is permissible under Section 62 of the Indian Contract Act, 1872. But the complainant has suppressed the said facts and brought a new story through her complaint petition as indicated above. Unless the complainant could show that possession was duly handed over after registration of those sale deeds and thereafter the cheque was deposited by her, she cannot claim any legally enforceable debt in her favour to be discharged by the accused. This Court is not inclined to interfere with the findings of the Courts below and the order stands confirmed and the prayer in revision stands rejected.
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