TaxTMI 
TaxTMI 
TaxTMI 
2017 (1) TMI 1300
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....nating therefrom. 2. In the complaint the respondent alleged that as per the Memorandum of Understanding dated 7th December, 2007 the respondent No.2 was to supply bitumen/LDO, Bitumen emulsion on various dates as per the demands by the petitioners at different sites. In lieu of the material supplied the petitioners handed over two post-dated cheques bearing Nos. 038531 and 038532 for a sum of Rs. 25 lakhs each as guarantee against the supplies. It was agreed that the petitioner No.1 would make regular payments and in case of default the cheques could be presented for encashment. Towards the discharge of an outstanding liability of Rs. 4.17 crores the petitioner gave directions to the respondents to present the two cheques dated 25th April....
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....st October, 2014 the learned Metropolitan Magistrate returned the complaint in view of the decision of the Supreme Court reported as (2014) 9 SCC 129 Dashrath Roop Singh Rathore vs. State of Maharashtra & Anr. Despite the fact that the respondent was to withdraw the complaint pursuant to the Memorandum of Agreement dated 7th October, 2013 the respondent re-presented the returned complaint before the learned Metropolitan Magistrate, Shahdara which was numbered as NI/1080/14. On 16th January, 2015, the learned Metropolitan Magistrate took cognizance of the offence and issued summons. Complaint was transferred to different Courts. Finally on 19th February, 2016, bailable warrants were issued against the respondent Nos. 2 to 5 resulting in the ....
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....ired to be proceeded. 7. Contention of learned counsel for the petitioners is that having accepted the Cheque bearing No.344158 dated 30th November, 2013 drawn on Axis Bank Ltd. for a sum of Rs. 50 lakhs as against the two dishonored cheques, which was duly encashed continuance of the proceedings against the petitioners was an abuse of the process of the Court. 8. In the decision reported as 1992 Supp (1) SCC 335: 1992 SCC (Cri) 426 State of Haryana v. Bhajan Lal, the Supreme Court laid down the guidelines for exercise of discretion under Section 482 Cr.P.C. for quashing of a complaint case as under: 102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law en....
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....onstitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance o....
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....tood that POCL has been issued two security cheques no.038531 & 038532 for Rs. 25,00,000/- each drawn on Axis Bank Ltd, New Delhi. POCL has presented the cheques and the same has returned as the account has been closed. M/s POCL has filed a case no. 4868/1/12 U/s 138 NI Act at Tis Hazari Courts, New Delhi against M/s GEL & its Directors. It is solemnly resolved between GEL & POCL that M/s GEL has now issued a new cheque no: 344158 drawn on Axis Bank Ltd, New Delhi for Rs. 50,00,000/- (Rs.Fifty Lac Only) dated 30.11.2013 to M/s POCL against the above mentioned two cheques of AXIS Bank. M/s POCL shall withdraw the abovementioned case no. 4863/1/12 from the Tis Hazari Courts immediately and return the two cheques to M/s GEL as soon as it is ....
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....mediately and return the two cheques to M/s GEL as soon as it is returned from the court. M/s POCL will present the new cheque on the due date for encashment. Agreed and signed this 7th Day of October' 2013 at Noida. For M/s Gangotri Enterprises Limited For M/s Petroleum Oils & Chemicals Ltd. Sd/- AJEET PANDEY Director Sd/- SANJAY BANSAL Proprietor 10. It is thus apparent that as per the Memorandum of Agreement cheque No.344158 for a sum of Rs. 50 lakhs dated 30th November, 2013 was given to the respondent in discharge of the liability for two security cheque Nos.038531 and 038532 for a sum of Rs. 25 laksh each which were dishonoured and now having encashed the said cheque of Rs. 50 lakhs the re....