2023 (9) TMI 703 - DELHI HIGH COURT

Dishonour of Cheque - legally enforceable debt or not - present complaint filed only with the sole motive to extort money from the petitioners without any legally enforceable debt against them - respondent had not mentioned or enclosed any document or agreement against which the alleged loan was tendered to the petitioner - HELD THAT:- It is apparent that cheques bearing no 997642 which is basis of present complaint is dated 01.06.2018 while the petitioner no 1 through the petitioner no 2 intimated its banker vide letter dated 27.09.2014 to stop any payment against these cheques and made a complaint to the SHO, Police Station Mehrauli, New Delhi on 27.9.2014 vide NCR No. 1361/2014 dated 01.10.2014 i.e. much prior from alleged dates of issuance of cheque bearing no 997642. However plea of the petitioners that cheque bearing no 997642 which is basis of present complaint was lost in year 2014 much prior to issuance of the cheque in favour of the respondent no 2 can only be established during trial and on basis of the evidence to be led by the petitioners and the respondent no 2.

The proposed defence of the petitioners as detailed cannot be legally considered at time of taking cognizance by the trial court which is obliged to take cognizance merely on basis of allegations as made in complaint and pre summoning evidence if any.

On the basis of pleas as taken in the present petition and arguments advanced by the learned Senior Counsel for the petitioners, the summoning order dated 23.10.2018 cannot be recalled. The petition is devoid of any merit - Petition dismissed.