2022 (8) TMI 465

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Negotiable Instruments Act, 1881. 2. The copy of the counter-affidavit of respondent No. 2 has been handed over in Court today and is taken on record. 3. It is stated that an agreement to sell dated 04.04.2018 was executed between the complainant (respondent No.2 herein) and one Mr. Muninder Sharma with regard to flat bearing No. T3-602 measuring 1250 sq ft. in Panchsheel, Sector 1, Noida Extension for a sum of Rs. 41,50,000/-. 4. Accordingly, respondent No. 2 made a payment of Rs. 37,50,000/- to respondents3 to 5 for purchase of the said flat. 5. It is stated that respondent Nos. 3 to 5 used the letter head of the petitioner and hence the petitioner was throughout in the know that it is respondent Nos. 3 to 5 who were misusing the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s lying to the credit of the drawer of the cheque or if it exceeds the amount arranged to be paid from that account. 13. In the present case, the petitioner company has not issued the cheques in question nor was there any debt or liability due from them. There has been no averment in the 138 complaint as regards to any debt owed by the petitioner to respondent no.2. 14. Section 138 of the Negotiable Instruments Act, 1881 was enacted to cast a criminal liability to punish a person who :- a) who issues a cheque b) which is with regard to discharge of a particular debt or liability c) that cheque is thereafter dishonoured on presentation 15. It was enacted to hold those individuals and companies liable who issued cheques unscrupulousl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) where the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code; (3) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;...." 18. Given the aforesaid, the petitioner company has sufficiently shown that they had no role ....