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2019 (7) TMI 1232 - DELHI HIGH COURTDishonor of Cheque - existence of legally enforceable debt or liability - pre-summoning evidence - HELD THAT:- Supreme Court in ‘Pepsi Foods Ltd. and Another Vs. Special Judicial Magistrate and Others’ [1997 (11) TMI 518 - SUPREME COURT] had quashed the complaint and the summoning order, as it was found that there were no averments in the complaint on the basis of which a complaint could be maintained. In the instant case, to assert the necessary ingredients of existing debt or liability, it is required to be averred in a complaint of Section 138 of NI Act, as to what is the factual basis to show existing debt or liability. This Court is of the considered opinion that necessary ingredients to maintain the complaints in question are lacking, thereby rendering the impugned order unsustainable and so, continuance of proceedings arising out of the complaints in question would be an exercise in futility. Petition disposed off.
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