TMI Blog2022 (8) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... be paid from that account. In the present case, the petitioner company has not issued the cheques in question nor was there any debt or liability due from them. There has been no averment in the 138 complaint as regards to any debt owed by the petitioner to respondent no.2 - It is pertinent to note that the ingredients of Section 138 NI Act have not been fulfilled in the present case as the cheques in question have not even been issued by the petitioner company thereby not even meeting the first ingredient of the requirement u/s 138 Negotiable Instruments Act, 1881. The petitioner company is neither the drawer of the cheque nor is there any debt or liability shown against the petitioner-company. The petitioner company has sufficientl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to sell dated 04.04.2018 was executed between the complainant (respondent No.2 herein) and one Mr. Muninder Sharma with regard to flat bearing No. T3-602 measuring 1250 sq ft. in Panchsheel, Sector 1, Noida Extension for a sum of Rs. 41,50,000/-. 4. Accordingly, respondent No. 2 made a payment of Rs. 37,50,000/- to respondents3 to 5 for purchase of the said flat. 5. It is stated that respondent Nos. 3 to 5 used the letter head of the petitioner and hence the petitioner was throughout in the know that it is respondent Nos. 3 to 5 who were misusing the name. 6. It is further stated that when the respondent No. 2 complained about the acts of cheating, respondent No. 4 issued 4 cheques for a total of Rs. 37,50,000/- to return the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not issued the cheques in question nor was there any debt or liability due from them. There has been no averment in the 138 complaint as regards to any debt owed by the petitioner to respondent no.2. 14. Section 138 of the Negotiable Instruments Act, 1881 was enacted to cast a criminal liability to punish a person who :- a) who issues a cheque b) which is with regard to discharge of a particular debt or liability c) that cheque is thereafter dishonoured on presentation 15. It was enacted to hold those individuals and companies liable who issued cheques unscrupulously and who actually had no intent of discharging the liability cast upon them. 16. It is pertinent to note that the ingredients of Section 138 NI Act h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code; (3) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;.... 18. Given the aforesaid, the petitioner company has sufficiently shown that they had no role in the case at hand and cannot thus be held liable for dishonour of a cheque which was not even issued by them or on their behalf i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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