VIJAY POLYMERS PVT. LTD. Vs. VINNAY AGGARWAL

JUDGEMENT

(1.) THE basis issues which involved in this case are :- . (i) Whether the complaint dated 13.12.2007 (Annexure P-4) filed under Section 138 of the Negotiable Instruments Act (for short "the N.I. Act") by respondent against the petitioner is not maintainable in law inasmuch as, it is pleaded, that the same is based upon the dishonor of a cheque which was issued by petitioner No.2 in lieu of a debt which was not legally recoverable as alleged at the time of issuance of the said cheque?

(2.) THIS petition has been filed by the accused persons who were summoned to face the trial in this case of a charge under Section 138/141 of the N.I. Act vide order dated 21.01.2008, which order was passed by the trial court taking note of the averments made in the complaint which was filed in support of the complaint. The same reads as under:- Complainant examined by way of affidavit. Documents filed along with complaint perused. Material on record prima facie discloses commission of an offence u/s 138 N.I. Act by accused. Let accused be summoned on filing of PF/RC, approved courier, dasti for 25.03.08. Steps be taken within a week.

(3.) THAT thereafter the complainant again waited for some time and after considerable persuasion from the complainant the accused no.1, again in lieu of above mentioned friendly loan, issued two cheques bearing nos.817772 dated 14-08-2006 and another cheque bearing no.817773 dated 30-08-2006 each for a sum of Rs.50,000/- (Fifty Thousand Only) each, each drawn on Bank of India Rajendra Place Delhi, Branch in favour of the complainant towards the part payment against the outstanding dues towards the accused. The said cheques were dishonored on presentation but however the complainant did not take any action on the request of the accused that the entire payment will be cleared very shortly.