2021 (12) TMI 237

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eks to quash the Criminal Case, S.C.C. No. S/18820 of 2019 instituted by the respondent no.1 (hereinafter called 'Complainant' for short) under Section 138 of the Negotiable Instruments Act, 1881 ('NIA' for short). and summons issued therein, by the 6th Joint Chief Judicial Magistrate, First Class, Thane. 4. Back-ground facts: The complainant, is a Chartered Accountant. He was, financial creditor, of M/s. Aryavart Chemicals Pvt. Ltd. (Corporate debtor) within the meaning of Insolvency and Bankruptcy Code, 2016. The National Company Law Tribunal ('NCLT' for short) in a petition filed by M/s. Panama Petrochem Limited (Operational Creditor) appointed Mr. Sandip Mehta as the 'Resolution Applicant (RA) and appointed three members 'Committe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aid written Acknowledgment by Accused dated 01/03/2019." 7. The learned Judicial Magistrate, First Class, Thane issued the summons on 3rd March, 2021 to the applicant, which is assailed in this application. 8. Mr. Panikar, the learned counsel for the applicant, submitted that, 'cheque amount' in question would not constitute 'legally enforceable liability or debt' within the meaning of Explanation to Section 138 of NIA. The learned counsel submitted, that in this case, 'Object' of the agreement between the complainant and the accused was not lawful in-as-much as cheque was drawn in complainant's favour, to dissuade him from, preferring an appeal against the order of the NCLT. Therefore, the 'Object' of the agreement and 'Consideration....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f 'COC' and he accepted the consideration from the accused for not preferring an appeal against the order of the NCLT. Section 23 of the Contract Act, lays down that 'Consideration' or 'Object' of the agreement is unlawful, if it is forbidden by law or would defeat the provisions of law or would involve injury to any person or property of another or the Court considers it, as immoral, or opposed to public policy. It may be stated that it is contrary to the public policy to induce public officer for money or other valuable consideration, to use their position/office and influence to procure benefit. In fact, Illustrations 'f' and 'h' appended to Section 23 of the Contracts Act aptly applies to the facts of the case. 12. In the case of Nut....