Vijay Ahuja vs State Of Nct Of Delhi & Anr on 23 July, 2018

Crl. M.C. 3087/2015 Page 1 of 5
2. The petitioner invokes the jurisdiction of this court under
Section 482 of the Code of Criminal Procedure, 1973 to pray for
quashing of the said criminal complaint case on the ground it is an
abuse of the process of the court.

3. The background facts leading to the filing of the complaint case
are set out in the complaint by the second respondent as under :

“3. The complainant submits that the complainant was
owner of property namely Shop No.2, Municipal
Corporation No.1723/ to 1727 situated at Ramgali
Bhagirath Palace, Chandni Chowk, Delhi-110 006 and
the same was sold to one Sandip Kumar Manocha and
Tanshul Manocha who is relative of the accused for
Rs.26,00,000/- and the amount was shown as
Rs.650,000/- in the sale deed. And since the above said
purchaser was a relative of the accused therefore, it was
stated by the accused that balance amount of the
aforesaid property i.e. Rs.twenty lakhs will be paid by
the accused therefore, on account of the aforesaid legal
dues the accused has issued undated signed cheque for
an amount of Rs.20,00,000/- in favour of complainant
bearing number No.484425 drawn on ICICI Bank. The
accused is witness to the sale 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.

Source: Indian Kanoon

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