TMI Blog2018 (7) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... upon to adduce evidence - petition dismissed - decided against petitioner. - CRL.M.C. 3087/2015 and Crl. M.A. 11007/2015 - - - Dated:- 23-7-2018 - MR. R.K. GAUBA J. Petitioner Through: Mr. Sanjeev Agarwal, Adv. Respondents Through: Mr. Mukesh Kumar, APP for the State. O R D E R 1. The petitioner is facing criminal prosecution on the accusations of he having committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on the basis of criminal complaint case no.11086/2014 initiated by the second respondent (complainant) in the court of the Metropolitan Magistrate, Delhi, he having been summoned, after preliminary inquiry, by order dated 09.02.2015. The accusations relate to non-payment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e deed. The power of attorney being son of complainant is aware about the transaction and was present when sale deed was executed and the cheque was given. After the aforesaid execution of the sale deed on 17.02.2011 the property was handed over to the purchaser and still the payment was not made and the complainant has waited for the period of two years and as payment is not made therefore, ultimately the complainant deposited the said cheque on 30.07.2013. A copy of the sale deed is annexed herewith. 4. The complainant submits that the aforesaid cheque bearing No.484425 was deposited by the complainant on 30.07.2013 in the bank viz. ICICI Bank Ltd., Delhi branch but the aforesaid cheque has been returned unpaid with endorsement payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efute such facts at the trial. 6. The first above-said submission is also found to be without merit. The three judgments cited, they having been rendered by learned single Judges of the High Courts of Andhra Pradesh, Madras and of this court are apparently per incuriam in as much as they do not seem to take into account the provision contained in Section 20 of the Negotiable Instruments Act, 1881, which reads thus :- 20. Inchoate stamped instruments - Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in India, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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