2019 (11) TMI 1064

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....rth Chaturvedi, Advs.  J U D G M E N T (ORAL)   1. Vide the present petition, petitioner seeks directions thereby to quash the complaint case No. 10764/16 filed under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act pending adjudication in the Court of Metropolitan Magistrate - 01 (Nl Act), West, Tis Hazari Courts, Delhi.   2. The case of the res....

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....f advance sale consideration and as on date of issuance of the cheque no debt or other liability as defined under the provisions of Section 138 of Negotiable Instrument Act was in existence. The reading of the complaint, statement, and the documents produced by the respondent along with the complaint does not satisfy the ingredients of the offence punishable under section 138 of Negotiable instrum....

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....ance, the petitioner society signed the MOU and in terms of Clause 1.3 of the MOU, the sale of the individual apartments would be made to "members" of the Petitioner and each such transaction would entail a separate "Agreement to Sell" between the respondent and the "member" to be intimated to the respondent by the petitioner. In effect, the apartments were actually to be purchased, from the respo....

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....espondent in its bank. Thus, as per the agreement entered into with the respondent, the petitioner society is under legal debt / liability.   7. The fact remains that the amount was paid by the society on behalf of its individual member to facilitate the transaction in getting their houses constructed by the respondent. Since the individual members of the petitioner society immediately dou....