2023 (12) TMI 1489

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....the prayer of the petitioner for quashing the summoning order dated 19.01.2016 passed by the learned Metropolitan Magistrate, NI Act 02, South East, Saket Courts, New Delhi in CC No.631164/2016 was dismissed. 3. Heard learned counsel appearing for the appellant as also the learned counsel appearing for the respondent. 4. Paradoxically, learned counsel on both sides relies on the decision of this Court in "Suman Sethi Vs. Ajay K. Churiwal & Another [(2002) 2 SCC 380)]". While the appellant contends that in terms of the dictum laid in the said decision, Annexure P-2 notice dated 02.12.2013 is invalid for non-adherence with the mandatory legal requirement under the provisions of the Negotiable Instruments Act, 1881 (for short, 'N.I. Act'....

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.... of the notice is to give a chance to the drawer of the cheque to rectify his omission. Though in the notice demand for compensation, interest, cost etc. is also made drawer will be absolved from his liability under Section if he makes the payment of the amount covered by the cheque of which he was aware within 15 days from the date of receipt of the notice or before complaint is filed. As therein, some other sums were indicated in addition to the amount of cheque, it was, therefore, not held to be a case where the dispute might be existing in respect of the entire outstanding amount." (Emphasis added) 6. A bare perusal of the decision referred (supra) would reveal that a demand in addition to the cheque amount in a demand no....

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.... holding you responsible for entire cost and consequences with litigation charges of Rs. 5,500/- (Rs. Five Thousand Five Hundred Only) as charges of this notice. Copy of this kept for further reference." (Emphasis added) 8. A scanning of Annexure- P2 notice would reveal that an omnibus demand for Rs. 6,50,000/- was made in addition to the demand for interest @12 per annum since 12.11.2013, the date of returning of the cheque Rs. 50,000/- towards damages and Rs. 5,500/- as notice charge. The demand is omnibus as relates the amount of Rs. 6,50,000/- as admittedly, it is not the cheque amount and in addition under Annexure P-2-notice, interest @12% per annum from 12.11.2013, damages at Rs. 50,000/- per month and Rs. 5,500/- as n....