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2021 (9) TMI 147 - JAMMU & KASHMIR HIGH COURTDishonor of Cheque - void contract in terms of section 56 of the Contract Act - waiver of rent due to unforeseen circumstances - adjudication of same matter of trial u/s 482 of Cr.P.C. - situation during the outbreak of the COVID-19 Pandemic - HELD THAT:- A perusal of the complaint filed by the respondents reveals that the cheque in question was issued by the petitioners in discharge of their liability that accrued in terms of the licence deed placed on record by the respondents before the trial court and the learned trial court after satisfying itself that the complaint fulfills the requirements of sections 138 and 142 of the Act, issued the process against the petitioners vide order dated 12.01.2021. A perusal of the licence deed reveals that there is no stipulation in the licence deed that provided for waiver of the rent in view of the un-foreseen event resulting into the cessation of the business. Be that as it may, without commenting upon the merits of the case, the grounds urged by the petitioners, whether they have any substance or not, can at the most amount to defense of the petitioners that the petitioners can raise before the trial court during the trial - there is no legal infirmity either in the complaints filed by the respondents or in the order by virtue of which the process has been issued by the trial Court. Petition dismissed.
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