plan and entrusted the project with the accused for the total sale consideration of Rs.5.52 Crores and a further condition was that the construction has to be completed within a period of three years. The respondent paid a sum of sum of Rs.3 Crores for construction viz., in the month of August, 2016, a sum of Rs.1 Crore, in the month of September, 2016, a sum of Rs.1 Crore and in the month of October, 2016, a sum of Rs.1 Crore were paid to start construction. Accordingly, the accused started the construction work. After receipt of the entire amount, the accused also signed a blank stamp paper, blank cheque to reimburse any excess payment of advance from the complainant. The construction work was very slow and as such, there was a mediation between them. However, the accused stopped the construction. Therefore, the defacto complainant valued the construction made by the accused at Rs.1,71,23,169/-. Therefore, the accused has to refund the balance amount. In order to realize the balance amount, after deducting a sum of Rs.7,20,000/-, a cheque for a sum of Rs.1,38,76,831/- was presented. It was returned dishonoured for the reason “Funds Insufficient”. After causing statutory notice, the defacto complainant lodged a complaint. https://www.mhc.tn.gov.in/judis Page 2 of 13
