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2017 (1) TMI 1300 - DELHI HIGH COURTDishonour of cheques - Negotiable Instruments Act - filing of complaints - Held that:- It is apparent that as per the Memorandum of Agreement cheque No.344158 for a sum of ₹ 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 ₹ 25 laksh each which were dishonoured and now having encashed the said cheque of ₹ 50 lakhs the respondent cannot turn around and say that he has utilized the same in discharge of the other debts of the petitioners and complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘NI Act’) should continue. As noted above, the above noted complaint was for offence punishable under Section 138 NI Act for dishonor of the two cheque Nos.038531 and 038532 and not for any other offence for which the respondent has entered into a settlement agreement. Hence the continuance of the above noted complaint on the plea of the respondent now taken is a clear abuse of the process of the Court. Consequently, complaint case titled “Sanjay Bansal vs. Gangotri Enterprises Ltd. & Ors.” and the order issuing summons and the proceedings emanating therefrom are quashed.
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