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TMI Blog2024 (12) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... agistrate First Class, Capital Complex, Yupia. 3. The brief fact of the case is that the respondent's firm, namely, M/s Kurung Kumey Enterprises was awarded a contract work for infrastructure development in Itanagar City under Amrut Mission. The petitioner is also a contractor and is a proprietor of a firm i.e., M/s A. R. Enterprises. Both the petitioner and the respondent are stated to be related to each other. 4. It is projected that the respondent after getting the above said contract work informed the petitioner to execute the work on behalf of his firm, which was agreed to by the petitioner, thereby, executed an agreement dated 12.08.2019 with certain terms and conditions between them. Thereafter, the petitioner has carried out the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities made a payment for the said contract work as a running bills of Rs. 9,63,00,000/-(Rupees Nine crores sixty three lakhs) in the name of M/s Kurung Kumey Enterprises, which the petitioner was representing. To ease the relation between the petitioner and the respondent, the relatives, friends and well wishers convened a meeting to resolve the issue between them. Accordingly, vide dated 06.09.2022, a Deed of Undertaking and Affidavit of Declaration was entered and executed between them, which inter alia provides that the petitioner shall pay 10% GST on the bill payment of Rs. 9,63,00,000/-(Rupees Nine crore sixty three lakhs) and an amount of Rs. 93,00,000/-(Rupees Ninety three lakhs) shall be paid to the respondent. It also provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce under Section 138 of the N.I. Act, 1881, thereafter, the summon has been issued. 10. Mr. T. Sunil, learned counsel for the petitioner while referring to the agreement dated 06.09.2022, submits that it was an undertaking entered between the parties to the effect that the future bills if cleared by the competent authority will have to be paid by the petitioner to the respondent. The parties have not agreed to give any retrospective effect to the Deed of Undertaking executed between them. He submits that after the execution of Deed of Undertaking dated 06.09.2022, no bills were paid nor cleared by the concerned authorities in respect of the contract work carried out by the petitioner after released of Rs. 9,63,00,000/-. Mr. Sunil, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo) numbers of post-dated Cheques bearing No. 622623 and 622624, for Rs. 93,00,000/- and Rs. 1,54,00,000/- respectively, the respondent is bound to deposit the same to his banker. However, one of the post-dated Cheques issued by the petitioner which has been deposited with his banker, has been dishonoured due to insufficient fund, therefore, a commission of offence under Section 138 of the N.I. Act is clearly disclosed and as such, taking cognizance of the complaint petition being C.R. No. 100/2022 is in accordance with law. He submits that any dispute that has been sought to be raised is a matter of trail before the competent Court in the proceedings of complaint petition. Therefore, the proceedings and the cognizance taken by the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GST incurred upon M/s Kurung Kumey Enterprises. 15. Perusal of the Deed of Undertaking goes to show that the two Cheques have been issued as post-dated for an amount of Rs. 93,00,000/- and Rs. 1,54,00,000/- to the respondent on fulfillment of certain conditions. Having considered the said stipulation, I am afraid that such an stipulation could be a valid stipulation insofar as the issuance of Cheques are concerned. 16. Having considered the submissions of the learned counsels for the parties and also on perusal of the relevant materials placed on record, this Court finds no ground to quash the proceedings of C.R. No. 100/2022 and taking cognizance by the learned Judicial Magistrate First Class, Yupia, as if at all, the issues/grounds tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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