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2018 (7) TMI 1799 - HC - Indian LawsCheque bounced - Maintainability of Complaint - case of petitioner is that the complainant, who has filed the complaint, was neither the payee of the subject cheques nor the holder in the due course of the subject cheques - Held that:- It is an admitted position that the landlord of the property is Friends Motels Pvt. Ltd. The payee in the subject cheques is also Friends Motels Pvt. Ltd. The complaint does not state as to how the complainant Mr. Arun Dwivedi has become the holder in due course or is entitled to receive the amount payable in the cheques - There is no further averment as to how a presumption under 139 of the Act would arise in favour of the complainant. Even on the cheques, there is no endorsement that the same were negotiated/indorsed in favor of the complainant. The Complainant is neither the payee nor the holder in due course of the subject cheques and thus not entitled to either issue the statutory notice or file the complaint under section 138 of the Act. Since no demand was made by the payee or holder in due course, of the subject cheques, by issuance of a statutory notice under section 138, the petitioner has not committed any offence under section 138 of the Act. Since no complaint has been filed by the either the payee or the holder in due course, the court could not have taken cognizance of the alleged offence under section 142 of the Act. The petitioner was entitled to a discharge under Section 251 Cr.P.C., as the basic ingredients of Section 138 of the Act are not satisfied - petition allowed - decided in favor of petitioner.
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