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2017 (9) TMI 1499 - HC - Indian LawsOffence committed under Section 138 NI Act - eligibility of summoning order - Held that:- The contention of the learned senior counsel for the petitioner that by putting the date on the said cheque without obtaining authority from the petitioner amounts to tampering, does not seems to be correct as in the instant case factum of the two post-dated cheques bearing Nos. 053369 & 053365 both drawn on Union Bank of India, Punjabi Bagh, New Delhi for a sum of ₹ 1,31,00,000/-(Rupees one crores thirty one lacs only) and ₹ 1,50,00,000/-(Rupees one crores fifty lacs only) respectively were issued by the petitioner in favour of the respondent/complainant in terms of the MOU dated 01.11.2013 against the balance payment of ₹ 2,81,00,000/- (Rupees two crores eighty one lacs only). In the instant case issuance of the cheques [including the present cheque No. 053369 of ₹ 1,31,00,000/-(Rupees one crores thirty one lacs only)] is not disputed by the petitioner. There is no dispute that the cheque in question belongs to the petitioner. There was an existing liability qua against the petitioner under Section 138 of NI Act and the Apex Court in the case Kusum Ingots & Alloys Ltd. vs. Pennar Peterson Securities Ltd. And Others [2000 (2) TMI 724 - SUPREME COURT OF INDIA ] has specifically stated that if the ingredients are satisfied by the complainant then the summoning order is not bad.
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