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TMI Blog2018 (8) TMI 1022X X X X Extracts X X X X X X X X Extracts X X X X ..... s an accused. The complainant had no arrangement with the petitioner. She had not rendered any service to him. It is her sons who were engaged by him and the payment was due on account of professional services rendered by them to the petitioner. The issuance of the cheque in the name of the mother itself is questionable. Be that as it may, since the case presented by the complainant itself shows there being no debt or other liability, the prosecution on the criminal complaint aforesaid against the petitioner is impermissible - Petition allowed. - CRL.M.C. 3343/2015 and Crl.M.A.11946/2015 - - - Dated:- 7-8-2018 - R.K. GAUBA J. Petitioner Through: Mr. Satish Tamta, Senior Advocate with Mr. Udayan Khandelwal, Advocate versus R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion before Central Administrative Tribunal (Principal Bench) at New Delhi and, in that context, professional fees of ₹ 50,000/- was settled to be paid by him to the said sons (his advocates). Against the said arrangement, ₹ 20,000/- stood paid on 25.04.2015, the balance ₹ 30,000/- having been agreed to be paid before the date of hearing next fixed before the tribunal. 5. It is alleged in the complaint that on 10.02.2015, the petitioner handed over afore mentioned cheque (post dated cheque) and upon the son of the complainant asking him to fill it in the name of his mother, i.e., the complainant, the cheque was accordingly issued in the name of the mother, i.e., the complainant. The cheque, on being presented at the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner. She had not rendered any service to him. It is her sons who were engaged by him and the payment was due on account of professional services rendered by them to the petitioner. The judgment of the Supreme Court dated 19.03.2015 rendered in HMT Watches Ltd. vs. M.A. Abida Anr., Criminal Appeal No.471/2015, is distinguishable since the present one is not a case which is dependent upon factual defences which are disputed . 8. In these circumstances, the issuance of the cheque in the name of the mother itself is questionable. Be that as it may, since the case presented by the complainant itself shows there being no debt or other liability, the prosecution on the criminal complaint aforesaid against the petitioner is impermissible. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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