2. The subject matter of the suit was property bearing CTS No.4601/B Ward No.1 of J.C.Nagar, Hubballi measuring 431 square yards with an old building thereon.

3. The plaintiff's case in a nutshell is as follows: The defendant is the absolute owner and in possession of the suit property. For her legal necessity, she agreed to sell the suit property to the plaintiff for a consideration of Rs.25,00,000/-. On 22.11.2007, receiving advance R.F.A.No.100209/2015 4 consideration of Rs.14,00,000/- under three cheques drawn on UTI Bank, Hubballi, she executed a registered agreement of sale. Her daughter and grandchildren were also signatories to the said document. As per the schedule of payment agreed under the said document a further sum of Rs.6,00,000/- was to be paid within two months and balance amount of Rs.5,00,000/- was to be paid at the time of execution of registered sale deed.

2. By the impugned judgment and decree, the trial Court has decreed the suit of the plaintiff for specific performance of an agreement of sale.

3. Appellant was the defendant and the respondent was the plaintiff before the trial Court. For the purpose of convenience, the parties will be henceforth referred to as per their rank before the trial Court.

4. The subject matter of the suit was land bearing R.S.No.22 (Old R.S.No.22/3) measuring 3 acres 10 guntas situated within the limits of Waghawade village, Taluka District, Belagavi.

R.F.A.No.100230/2017 -3-

2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 420, 406, 465, 467, 468, 471 and 120-B of the Indian Penal Code which FIR came to be registered at C.R. No.I-11209016200088 of 2020 with Himmatnagar A -Division Police Station.

3. Learned advocate appearing on behalf of the applicants on instructions submits that the applicants are ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioners; subject to the petitioner's right to oppose it.

4. On the other hand, the learned APP appearing for the respondent-State has opposed this application.

---------

For the Appellant : Mr. Manoj Kumar Choubey, Advocate.

For the State : Mr. Rakesh Ranjan, A.P.P. --------- 04/Dated: 06/05/2020

The appeal has been filed under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per Act, prayer for bail of the accused is to be considered under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in appeal under Section 14A of the Act.

From perusal of record, it appears that earlier this appellant has moved before this Court in Cr. Appeal (S.J.) No. 917 of 2019, which was dismissed as withdrawn by Coordinate Bench of this Court (Anubha Rawat Choudhary, J.) on 16.10.2019. Subsequently, the appellant has preferred the present appeal, which is instituted as Cr. Appeal (S.J.) No. 147 of 2020 on the ground that the appellant is in custody since his surrender on 20.06.2019 and co-accused has been enlarged on bail by the police during investigation of the case.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-90/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-78/2020 Page No.-1 of 3 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, noticing return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

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