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2015 (9) TMI 1675 - MADHYA PRADESH HIGH COURTDishonor of Cheque - section 138 of NI Act - existence of legally enforceable debt or not - validity of second complaint - HELD THAT:- It is an undisputed fact that in respect of earlier cheque issued by the present applicant a criminal case was preferred u/S. 138 of the Negotiable Instruments Act and a judgment of conviction was also delivered by the Judicial Magistrate First Class, Narsingarh. Fine was also imposed. An appeal was preferred against the judgment of conviction ie., No. 231/2007 and both the parties in Lok Adalat, on 25/7/2000, have agreed to withdraw pending litigation. A cheque was also given in the light of the settlement of ₹ 3,51,750/- and the same has been dishonoured. The second complaint has been preferred on account of dishonour of the second cheque. The apex Court in the case of LALIT KUMAR SHARMA VERSUS STATE OF UP. [2008 (5) TMI 429 - SUPREME COURT] in almost similar circumstances has held that the question of entertaining a second complaint, does not arise as the cheque was not issued in discharge of debt or liability of the Company. It was issued on account of a settlement arrived at between the parties. Appeal allowed.
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