1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2203 OF 2009 Satish Rama Poonja ..Petitioner versus Ajit Gyanoba Chavan & Anr. ..Respondents Mr. R. D. Suryawanshi for Petitioner. Mr. K. V. Saste - APP for Respondent No. 2 - State. CORAM : B. R. GAVAI, J. DATED : APRIL 15, 2010. P.C. : 1. This is a petition for quashing proceedings initiated by the respondent no. 1 under Section 138 of the Negotiable Instruments Act. The complaint has been filed by the respondent no. 1 alleging therein that it was agreed between the complainant and the present petitioner that a commercial gala owned by the complainant would be sold to the petitioner for an amount of Rs.14,60,000/-. He has stated in the complaint that it was agreed between the parties that if the petitioner – accused fails to make a payment by 12th August 2008, the complainant would be entitled to deposit the cheque of Rs. 14,60,000/- towards consideration. It has been further stated in the complaint that since the payment was not paid till 12th August, 2008, the cheque was presented and on its dishonour a notice was sent to the 2 petitioner – accused. On failure to make payment, the complaint has been filed. 2. The learned counsel for the petitioner submits that averments made in the complaint are totally false. He submits that there is no such mention regarding the compensation in the agreement for sale and as such the proceedings are liable to be quashed. 3. At the stage of quashing, the court is only required to see from the averments in the complaint as to whether the ingredients to constitute an offence under Section 138 of the Negotiable Instrument Act are made out or not. The perusal of the complaint would reveal that the necessary ingredients have been made out. 4. As to whether the claim of the complainant is legal or not or the claim is false claim, are the questions that will be required to be decided after evidence is recorded in the trial. 5. In that view of the matter, no case is made out for interference. Dismissed. (B. R. GAVAI, J.)