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TMI Blog2021 (9) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... tioners have filed this petition under section 482 Cr.P.C. for quashing the complaint No. 78/2021 under section 138 of Negotiable Instrument Act (for short the Act), titled, M/s. Devi Ashirwad Resorts Pvt. Ltd. Vs. M/s. Zapp Hotels and Resorts Pvt. Ltd. and others, against the petitioners as well as summoning order 12.01.2021 issued by the learned Judicial Magistrate 1st Class (Munsiff), Jammu (hereinafter to be referred as the trial court). 3. It is stated in the petition that the respondents filed a complaint under section 138 of the Act, titled, M/s. Devi Ashirwad Resorts Pvt. Ltd. Vs. M/s. Zapp Hotels and Resorts Pvt. Ltd. and others bearing case No. 78/2021 on account of dishonour of the cheque No. 000021 dated 05.10.2020 before the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that had become impossible on account of outbreak of COVID-19 pandemic and the contract became void in terms of section 56 of the Contract Act and further that section 43 of the Negotiable Instrument Act provides that negotiable instrument drawn for a consideration which fails, creates no obligation. It is further stated that acknowledging the outbreak of COVID-19 and closure of the Hotel industry, on 5th of December 2020, a meeting took place, in which the parties have agreed to pay Rs. 5.5 lacs per month from October 2020 till April 2021 and out of which Rs. 3.00 lacs per month is being paid and Rs. 2.5 lacs was agreed to be paid in the last week of April 2021 and even the cheque of Rs. 12.50 lacs has been received by respondent in advan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed reveals that there is no stipulation in the licence deed that provided for waiver of the rent in view of the un-foreseen event resulting into the cessation of the business. 9. Be that as it may, without commenting upon the merits of the case, the grounds urged by the petitioners, whether they have any substance or not, can at the most amount to defense of the petitioners that the petitioners can raise before the trial court during the trial. The Learned Magistrate while issuing process has to form an opinion on the basis of material placed on record as to whether there is sufficient ground for proceeding in the case. Detailed reasons are not required to be furnished at this stage. I have perused the orders impugned and there is no legal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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