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TMI Blog2018 (7) TMI 1799X X X X Extracts X X X X X X X X Extracts X X X X ..... inant. Even on the cheques, there is no endorsement that the same were negotiated/indorsed in favor of the complainant. The Complainant is neither the payee nor the holder in due course of the subject cheques and thus not entitled to either issue the statutory notice or file the complaint under section 138 of the Act. Since no demand was made by the payee or holder in due course, of the subject cheques, by issuance of a statutory notice under section 138, the petitioner has not committed any offence under section 138 of the Act. Since no complaint has been filed by the either the payee or the holder in due course, the court could not have taken cognizance of the alleged offence under section 142 of the Act. The petitioner was entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of which the complaint under Section 138 of the Act has been filed, is Friends Motels Pvt. Ltd. . The respondent/complainant Mr. Arun Dwivedi has filed the complaint in his own individual name though in the Memo of Parties it is stated as under:- Mr. Arun Dwivedi, S/o Late Sh. Jagdish Prasad Director M/s Friends Motels Pvt. Ltd. Regd. Office 104 Babar Road New Delhi. ALSO AT N-119, Greater Kailash-I, New Delhi 110048 5. The averments in the complaint are that the complainant/lessor is one of the Directors of the Company, the absolute legal and beneficial owner of the premises bearing No.104, Babar Road, New Delhi, identified as in the lease deed signed and registered on 27.03.2014 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may be extended to two years , or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the instrument, to whom or to whose order the money is by the instrument directed to be paid. Section 9 defines Holder in due course as the person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if payable to order. 13. The Complainant is neither the payee nor the holder in due course of the subject cheques and thus not entitled to either issue the statutory notice or file the complaint under section 138 of the Act. Since no demand was made by the payee or holder in due course, of the subject cheques, by issuance of a statutory notice under section 138, the petitioner has not committed any offence under section 138 of the Act. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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