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2021 (12) TMI 237 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable liability or not - existence of valid agreement between parties or not - HELD THAT:- Indisputably, complainant was a member of ‘COC’ and he accepted the consideration from the accused for not preferring an appeal against the order of the NCLT. Section 23 of the Contract Act, lays down that ‘Consideration’ or ‘Object’ of the agreement is unlawful, if it is forbidden by law or would defeat the provisions of law or would involve injury to any person or property of another or the Court considers it, as immoral, or opposed to public policy. It may be stated that it is contrary to the public policy to induce public officer for money or other valuable consideration, to use their position/office and influence to procure benefit. The agreement between the Complainant and the accused was, void since, beginning. Since liability sought to be enforced by the complainant under the agreement was ‘void’, the complaint under Section 138 of the NIA was not maintainable - Application allowed.
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