TMI Blog2021 (9) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... ents of sections 138 and 142 of the Act, issued the process against the petitioners vide order dated 12.01.2021. A perusal of the licence deed reveals that there is no stipulation in the licence deed that provided for waiver of the rent in view of the un-foreseen event resulting into the cessation of the business. Be that as it may, without commenting upon the merits of the case, the grounds urged by the petitioners, whether they have any substance or not, can at the most amount to defense of the petitioners that the petitioners can raise before the trial court during the trial - there is no legal infirmity either in the complaints filed by the respondents or in the order by virtue of which the process has been issued by the trial Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... process against the petitioners vide order dated 12.01.2021. It is stated that the learned trial court simply reproduced the contents of the complaint and has not assigned any reason while issuing the process against the petitioners. It is further stated that in terms of paragraph-3 of the lease deed executed between the parties, the petitioners had given advance cheques for 35 months and the details of the cheques have been mentioned in the lease deed. 4. The petitioners had been running a business of hotel till the outbreak of COVID-19 pandemic. However, the Union Government vide order dated 24.03.2020 imposed complete lockdown and later, on 11.08.2020, the maximum capacity of pilgrims visiting the Holy Shrine Mata Vaishno Devi was ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hotel could not be operated upon by the petitioners, so the consideration for which the cheque was issued failed, as such, negotiable instrument ceases to have any value. He further argued that because of the outbreak of the COVID-19 Pandemic, the contract has become void in terms of section 56 of the Contract Act. Therefore, the impugned complaint as well order of summoning dated 12.01.2021 issued by the trial court is required to be quashed. 6. Per contra, Mr. Aditiya Gupta, learned counsel for the respondents submitted that the learned trial court has taken the cognizance as per the law and assuming that there is any substance in the contentions of the learned counsel for the petitioners, the same is matter of trial and cannot be adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Court. 10. In view of the above, there is no merit in this petition, the same is dismissed along with connected CrlMs. The other connected petitions shall also stand dismissed on the same terms as stated in CRM (M) No. 111/2021 hereinabove. 11. The five complaints are between the same parties, as such, they are required to be tried by one Court. Accordingly, it is directed that all the complaints be tried by the learned Forest Magistrate (JMIC) Jammu. The complaints impugned in these petitions pending before the Court of Judicial Magistrate 1st Class (Munsiff), Jammu, Jammu be transferred to Forest Magistrate (JMIC) Jammu forthwith. 12. Copy of this order be placed on the record of each file. - - TaxTMI - TMITax - Indian La ..... X X X X Extracts X X X X X X X X Extracts X X X X
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