Negotiable Instruments Act
Chandra sekhar
(Querist) 29 November 2008
This query is : Resolved
Dear All
The facts of the case are as under. I am for the accused. The accused and the complainants are family friends for over 3 decades. The complainant had sold a property to the accused and executed a registered sale deed. As a part of the sale consideration the accused has issued a Cheque for Rs 65000/- and mentioned clearly in the sale deed. The accused maintained sufficient balance into his bank account as on the date of issue of the Cheque. Immediately the next day after the sale transaction the accused went to the property and found that there are third party claimants on this property and well as that of Governments claim on this property and civil litigations were there much before the sale transaction took place. The District Collector, Thasildhar and other Government Officials have imposed ban on the sale of this property much before the sale transaction took place. But the complainant purchased the property with different survey numbers and after coming to know the problems he has cleverly sold the property to the accused who is his friend. By then the accused has paid huge amount to the complainant except the mentioned Cheque amount. The accused has informed not to present the Cheque. The complainant has assured to solve the problems and has done nothing and presented the for collection as the time of the Cheque was getting lapsed at the end of 6 months. The Cheque bounced. Cheque bounce case and a civil case for cancellation of the sale deed was filed by the complainant.. After some time the Complainant got amended the civil case for recovery of the balance sale consideration in the event of the sale deed cannot be cancelled. The Civil case was won by us and pending at the High Court
The Accused got the land survey done by the Thasildar office to prove that the survey numbers mentioned are wrong and also procured more than 30 documents to prove the land has several claims and Govt. Claims. The Concerned Deputy Collector was summoned to the court by the accused and he has clearly stated in his chief and Cross examination that the property belongs to the Government.
The complainant has filed only a certified copy of the Cheque in the Criminal Court.
I request members to provide and useful information and High court or S.C. judgments favorable to the accused.
Thank you
KANDE VENKATESH GUPTA
(Expert) 24 December 2008
My opinion is that, if in the deed of sale, a recital is there to the effect that there are no litigtions or third party claims in respect of the property, immediately the accused had to lodge a complaint with the Police for the offence of cheating i.e., selling the property belonging to the Government, over which third party claims are there.
Secondly, if you successfully prove before the in the court where the case under the N.I.Act is pending, the accused had given instructions to the complainant not to present the cheque as the sale transaction itself is null and void as he himself had no martketable title over the land, the accused is entitled for acquittal. I came across one such Judgment of the Hon'ble Supreme Court. If you require the same, I will search for it and provide copy of the same to you.
My mail ID.
venkateshgupta_kande@yahoo.co.in
Cell: 09885808021
H.No: 1-1-16/1/2/A, Jawaharnagar,
R.T.C. Cross Roads, Hyderabad - 500 020
Andhra Pradesh
KANDE VENKATESH GUPTA
(Expert) 31 January 2009
Mr.Shekar, you can refer to the Judgment of Hon'ble High Court of Andhra Pradesh, reported in
1997(1) A.L.T (Crl) 371
between
Swastik Coatings Pvt.Ltd.,
