PRAJAN KUMAR JAIN Vs. RAVI MALHOTRA

JUDGEMENT

(1.) THIS petition seeks quashing of the complaint No. 1535/1 titled as sh. Ravi Malhotra v. Sh. Prajan Kumar Jain filed under Sections 138/142 of the Negotiable Instruments Act (hereinafter referred to as NI Act) read with Section 420 of the Indian Penal Code. Complainant is Ravi Malhotra. Prajan Kumar Jain has been arrayed as the accused.

(2.) THE short point raised in this petition is that the two cheques i. e. cheque No. 7375535 dated 25. 3. 2005 for Rs. 5 lakhs and cheque No. 7375536 dated 30. 4. 2005 for Rs. 5 lakhs do not come within the ambit of a 'legally enforceable debt'. The said cheques had been issued for the discharge of a liability arising out of an agreement dated 14. 6. 2000; and havingbeen issued on 25. 3. 2005 and 30. 4. 2005 were for the discharge of debt which had become time barred. The complaint is thus liable to be quashed.

(3.) TO appreciate this submission salient paragraphs of the complaint filed by Ravi Malhotra are reproduced. :