Durina/Dulina, Tehsil Jhajjar, Haryana. The petitioners entered into Agreement to Sell dated 25.04.2019 (hereafter, the ATS) with M/s Dalmia Ram Rattan Strategic Investment LLP/respondent No. 7 for an advance consideration of Rs. 4.72 crores out of a total sale consideration of INR 1,10,00,000 per acre of land and the balance sum was to be paid on execution of sale deed. However, due to lack of funds, the sale could not be completed within the stipulated period. Consequently, the petitioners terminated the said agreement and forfeited the advance received. It was further claimed that thereafter, the petitioners gave two post-dated cheques to respondent No. 5 as security for executing the cancellation deed. On 22.01.2022, the cancellation agreement was executed and refund of advance was made by way of the RTGS. However, contrary to the understanding, the said two cheques were never returned to the petitioners and later, misused by respondent No. 7 by presenting them for encashment. The petitioners in order to avoid wrongful loss issued instruction to their bank for stop payment. The cheques were dishonoured whereafter, respondent No. 7 initiated proceedings under Section 138 Negotiable Instruments Act (NI Act) against the petitioners.
