TMI Blog2018 (10) TMI 1567X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the complainant became obliged to account for the interest free security deposit. In fact prior to the said date, he had no lawful reason or authority to draw from the security deposit so as to claim the money which was stated to be due against the dishonoured cheques. The interest free security deposit, even otherwise, was not meant to take care only of default in payment of rent. Various other liabilities including on account of taxes or utility charges as indeed the satisfaction about the condition in which the property was being handed over required to be factored in such context - It was the submission of the petitioners themselves that in terms of the arbitration clause forming part of the lease agreement, the parties are prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Through: Mr. Sunil K. Mittal, Mr. Vipin K. Mittal and Mr. Anshul Mittal, Advocates Respondent Through: Mr. Sanjay Mann, Advocate ORDER (ORAL) 1. The respondent had filed five criminal complaints (CC nos.4840/1/12, 5464/1/12, 5488/1/12, 5651/1/12, 5652/1/12) each alleging offences punishable under Section 138 of the Negotiable Instruments Act, 1881 having been committed by the petitioners qua certain cheques which had been issued by them in favour of the former, each upon presentation having been returned unpaid by the bank, no payment having been made inspite of elapse of the statutory period(s) in the wake of demand notice(s) which had been issued and duly served. The Metropolitan Magistrate, after preliminary inquiry, issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de has earlier declined to interfere by the ruling (dated 03.07.2018) in Crl.M.C. 164/2018 Ajay Maini vs. The State Govt. of NCT of Delhi Ors . in exercise of extraordinary jurisdiction under Section 482 Cr.P.C. 5. Nonetheless the contentions of the petitioners have been reconsidered to find if there has been a miscarriage of justice by initiation of criminal action against the petitioners on the basis of allegations set out in the criminal complaints referred to above. 6. It appears that the respondent (complainant) is the owner of certain immovable properties in Village Tikri Kalan, New Delhi-110 041, the first petitioner being in the business of hospitality industry desirous of setting up a motel, the other petitioners being i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... January 2013, February 2013 and March 2013 respectively. 9. It is not in dispute that the cheques were presented on or after the dates purportedly appearing on each of them, during their validity, each having been returned unpaid. It appears the reasons for return of the cheques were indicated to be payment stopped on instructions issued by the drawer (the petitioners). In the wake of the dishonor of the cheques as above, notices of demand were issued within the statutory period and complaints were filed after elapse of the period prescribed in law. 10. It is the submission of the petitioners that difficulties had arisen in the use and enjoyment of the leased property due to various reasons including seepage, etc. and on this accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the prosecution of the criminal complaints particularly against the backdrop of the fact that the tenancy has come to an end and the vacant and physical possession of the demised property has been returned on 30.03.2013. It is the submission of the petitioners that the cheque in question were post dated and could not have been presented without the prior consent and approval of the drawer. It is also the submission of the petitioners that against the interest free security deposit which was made at the inception of the tenancy, there is no legally enforceable debt or other liability subsisting on account of the dishonor of the five cheques and in this context reliance is placed on M/s. Indus Airways Pvt. Ltd. and Ors. vs. M/s. Magnum A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty deposit, even otherwise, was not meant to take care only of default in payment of rent. Various other liabilities including on account of taxes or utility charges as indeed the satisfaction about the condition in which the property was being handed over required to be factored in such context. It was the submission of the petitioners themselves that in terms of the arbitration clause forming part of the lease agreement, the parties are presently before an arbitrator vis-a-vis the refund of the security deposit. Such deposit and arbitral proceedings relate to civil rights and obligations, determination of such rights and obligations being still pending, no benefit on that account can be claimed not atleast at this stage of the criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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