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2022 (4) TMI 1028 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - cause of action for instituting the case, against the petitioners or not - Section 138 r/w Section 141 of Negotiable Instruments Act 1881 - HELD THAT:- A perusal of the documents filed by the petitioners in support of their case shows that the amounts as stated had been paid by the petitioners and they are reflected in the accounts statement of the respondent. The purchase order dated 13.11.2014 shows that the post dated cheques were issued by the petitioners to the respondent, obviously as a security for the supply of the goods. The e-mail correspondence from the petitioners to the respondent dated 12.02.2015 shows that the respondent undertook to return the cheques for which payment had been already made through RTGS. With regard to the impugned four cheques, it was mentioned in the e-mail that the cheque nos. 798097, 804836, 804584 and 804657 would be returned once RTGS transfer is made. This E-mail was sent on 12.02.2015, even before the statutory notice was sent on 24.03.2015. It reinforces the claim of the petitioners that the cheques concerned in this cases had been given as a security for ensuring the payments due in the business transaction from the petitioners. In the case before hand, it is not the case of the petitioners that the cheque were issued as an advance payment. It is claimed that the cheques were issued as a security. Of course, there are materials to suggest that the cheques were issued as security. However, the petitioners did not deny their liability to pay the money to the respondent. Though it is claimed that a sum of ₹ 5,91,000/- ₹ 70,164/- and 21,52,662/- were paid on 08.04.2015, 07.05.2015 and 08.07.2015 respectively, all these payments have been made after the receipt of the statutory notice - The reasons for the issuance of the cheques, alleged discharge of the liability are disputed facts are required to be decided only after recording the evidence. This Court cannot decide the disputed facts in this petition. Petition allowed.
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