NASIR MOHIDEEN AND ANOTHER Vs. M RAMACHANDRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners. Sri. Nithin R., learned counsel for the respondent submits that he had already filed vakalat for the respondent and he is ready to submit the arguments. His argument is also heard.

(2.) It is the contention of the learned counsel for the petitioners that, the respondent has filed a private complaint in C. C. No. 57104/2016 for the offence under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act" for short] on the allegation that some cheques have been issued to the complainant/respondent and on presentation they were dishonoured and after issuance of the notice to them in accordance with law, a complaint came to be lodged.

(3.) Learned counsel for the petitioners seriously contends before the Court that, the complaint is devoid of merits because there is no legally recoverable debt established even on careful perusal of the complaint averments itself. Even considering the averments made in the complaint, according to the learned counsel for the petitioners, it is only an Agreements of Sale under which, the alleged cheques have been issued by the petitioners. Unless the sale transaction takes place, that amount cannot be construed as legally recoverable debt by the complainant/respondent. He further contends before this Court that the said Agreements are also produced before the Court and the same can be looked into by this Court.