- (1.) Vide the present petition, petitioner seeks directions thereby to quash the complaint case No. 10764/16 filed under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act pending adjudication in the Court of Metropolitan Magistrate - 01 (Nl Act), West, Tis Hazari Courts, Delhi.
(2.) The case of the respondent/ complainant is that petitioners have drawn the cheques referred in the complaint for a sum of Rs 4.1 crore in favour of the respondent in discharge of legally recoverable debt pursuant to the terms of the MOU/ Agreement to Sell dated 19.6.2015 but the said chequs, upon presentation for encashment got dishonoured.
(3.) Learned counsel for the petitioners submits that upon a meaningful reading of the complaint and the documents produced along with it; it clearly indicates that the proceeding initiated by the respondent is vindictive in nature. The proceeding is initiated abusing the process of law with a mala fide intention of harassing the petitioners. As per the MOU/ Agreement to Sell dated 19.6.2015, the cheques referred in the complaint were issued towards the payment of advance sale consideration and as on date of issuance of the cheque no debt or other liability as defined under the provisions of Section 138 of Negotiable Instrument Act was in existence. The reading of the complaint, statement, and the documents produced by the respondent along with the complaint does not satisfy the ingredients of the offence punishable under section 138 of Negotiable instrument.;