TMI Blog2021 (12) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... s contrary to the public policy to induce public officer for money or other valuable consideration, to use their position/office and influence to procure benefit. The agreement between the Complainant and the accused was, void since, beginning. Since liability sought to be enforced by the complainant under the agreement was void , the complaint under Section 138 of the NIA was not maintainable - Application allowed. - CRIMINAL APPLICATION NO.562 OF 2021 - - - Dated:- 6-12-2021 - SANDEEP K. SHINDE J. Mr. Ajay Panikar i/by Ajay Law Associates for the Applicant. Mr. Darshit Jain with Mr. Pradeep Singh for Respondent No.1. Smt. M.R.Tidke, APP for the Respondent No.2-State. JUDGMENT : Rule. 2. Rule made retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal against the order of the NCLT before the National Company Law Appellate Tribunal ( NCLAT for short) and offered him to pay ₹ 2,02,000/-. It appears, the complainant had accepted the offer and did not file appeal. In consideration of this omission, accused drew a cheque in favour of the complainant for ₹ 2,02,000/- dated 30th May, 2019 drawn on Bank of Baroda, Mahavir Nagar Branch, Kandiwali (West). 5. Cheque in question was returned Unpaid ; whereafter, complaint, in question was filed on 15th October, 2009. 6. In paragraphs 7 and 8 of the complaint, complainant pleaded that cheque in question drawn by the accused was towards legally enforceable liability . Paragraph 8 of the complaint reads as under; 8 The Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pression, of any debt or other liability for the discharge, in whole or in part of any debt or other liability , means, debt or liability arising, from an agreement of which object is lawful,within the meaning of Section 23 of the Indian Contracts Act, 1872. Section 23 reads as under: 23. What consideration and objects are lawful, and what not.- The consideration or object of an agreement is lawful, unlessit is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. In each of these cases, the consideration or object of an agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a character that, if permitted, it would frustrate the provisions of any law, or is fraudulent, or opposed to public policy. Neither party can enforce said agreement. No legal relations come into being from an agreement offending a Statute or public policy. 13. Thus, I hold that agreement between the Complainant and the accused was, void since, beginning. 14. In consideration of the facts of the case and for the foregoing reasons, since liability sought to be enforced by the complainant under the agreement was void , the complaint under Section 138 of the NIA was not maintainable. It is, therefore, quashed. Application is allowed. 15. Rule is made absolute in the aforesaid terms. 16. Application is disposed of. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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