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TMI Blog2023 (12) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... , Rohini Courts, Delhi [MM]. 2. A perusal of the complaint reveals that the present Complaint Case emanates from a cheque, allegedly issued by the petitioner and her brother, bearing No.005532 dated 25.09.2020 for payment of a sum of Rs.37,50,000/- drawn on Axis Bank, Civil Lines, New Delhi-110054, in favour of the respondent/ complainant, in discharge of some liability. However, the aforesaid cheque, on presentation with the bank of respondent/ complainant, was dishonored due to 'Payment Stopped by Drawer' and returned vide memo dated 09.10.2020. 3. Thereafter, the respondent duly served a legal notice dated 27.10.2020 upon the petitioner and her brother. However, the petitioner and her brother yet again failed to make the paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the latter had taken on rent. He also submits that the in light of arrears of rent mounting up, the respondent advanced to the petitioner and her brother a friendly-loan of Rs.37,50,000/-. 6. Learned counsel for the respondent also submits that the complainant in July, 2020 demanded the amount of Rs.37,50,000/-, which remain unpaid for long. It was only on receipt of the legal notice dated 27.10.2020, that the petitioner and her brother approached the complainant and tried to amicably settle the dispute. In pursuance of settlement, the impugned cheque was issued by the brother of the petitioner. In light of the factual matrix, the learned counsel for the respondent submits that the petitioner plays an inextricable role in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d upon the petitioner. The scheme of the Act is such that the same is silent regarding taking cognizance against a person, other than the drawer of the cheque. Reliance in this regard be placed upon Aparna A. Shah (supra), wherein the Hon'ble Supreme Court, held as under:- "20. Mr. Mukul Rohtagi, learned senior counsel for respondent No.1, by drawing our attention to the definition of "person" in Section 3(42) of the General Clauses Act, 1897 submitted that in view of various circumstances mentioned, the appellant herein being wife, is liable for criminal prosecution. He also submitted that in view of the explanation in Section 141(2) of the N.I. Act, the appellant wife is being prosecuted as an association of individual. In our view, all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon Alka Khandu Avhad vs. Amar Syamprasad Mishra 2021 (4) SCC 675, wherein the Hon'ble Supreme Court, after dealing with similar facts, held as under:- "9. On a fair reading of Section 138 of the NI Act, before a person can be prosecuted, the following conditions are required to be satisfied: 9.1. That the cheque in drawn by a person and on an account maintained by him with a banker. 9.2 For the payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability. 9.3 The said cheque 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 amou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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