TMI Blog2019 (11) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... were interested in getting their houses constructed by the respondent. Therefore, the society played a role only to facilitate its members in getting their houses constructed and the society had no liability as per Section 138 NI Act on the date of signing of the MOU. Even if it is presumed that the said amount was paid to the respondent as advance money, even then there appears to be no criminal liability or any liability which is recoverable under provisions of Section 138 NI Act. Petition allowed. - CRL.M.C. 746/2017 - - - Dated:- 19-11-2019 - MR. SURESH KUMAR KAIT J. Petitioners Through Mr. Vikas Gupta Mr. Ieshaan Gupta, Advs. Respondent Through Mr. Nimesh Chib Mr. Siddharth Chaturvedi, Advs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfy the ingredients of the offence punishable under section 138 of Negotiable instrument. 4. Further, the petitioner No. 1 is a Society of the employees of Hindustan Aeronautics Limited Bangalore and registered under the Karnataka Societies Registration Act, 1960 with its registered office at Vimanapura, Bengaluru, 560107 Karnataka. 5. During 2015, the respondent herein approached the petitioner society representing that it is intending to construct residential apartments near Hosakote Town, Old Madras Road, Bangalore District Bangalore and offered to sell the apartments to the members of the petitioner society. The respondent requested the petitioner society to facilitate the transaction on behalf of the members so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact remains that the amount was paid by the society on behalf of its individual member to facilitate the transaction in getting their houses constructed by the respondent. Since the individual members of the petitioner society immediately doubted whether the respondent would be able to complete the flats, they did not deposit the amount with the society and thus, the cheques issued by the society got dishonoured. 8. It is not disputed that the society was constituted for the welfare of its members who were interested in getting their houses constructed by the respondent. Therefore, the society played a role only to facilitate its members in getting their houses constructed and the society had no liability as per Section 138 NI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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