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2024 (1) TMI 507 - SC - Indian LawsDishonour of Cheque - no factual basis to show existing debt or liability - absence of necessary averments in the complaint regarding the nature of transaction between the parties - HELD THAT:- All that a complaint under Section 138 of N.I. Act requires to contain is such factual averments as are necessary to satisfy the ingredients of the said provision, namely, that the cheque/money bill which has been dishonoured was issued to discharge full or partial pre-existing debt liability. It is not be the pre-requisite of Section 138 of the N.I. Act to plead evidence in the complaint itself. Once a specific plea has been taken, it can be later on substantiated by adducing evidence at an appropriate stage. On a reading of paragraph 3 of the complaint, the appellant has made the necessary averments in order to prima facie attract the consequences under provisions of the N.I. Act. The High Court, thus, fell in error in misconstruing the averments made in the complaint(s). The impugned order dated 17.07.2019 of the High Court is set aside and all the five complaints filed by the appellant against the respondents under Sections 138, 141 and 142 of the Negotiable Instrument (Amendment & Miscellaneous Provisions) Act, 2002 read with Section 420 of the Indian Penal Code 1860, are restored to their original numbers and files - Appeal allowed.
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