IMPORTANT POINT
The presumption of a legally enforceable debt under the Negotiable Instruments Act remains until disproven, and the determination of such issues is a matter for the trial court.

JUDGMENT :

Rakesh Thapliyal, J.

1. The instant C 482 application has been preferred by the applicant challenging the entire proceedings of Complaint Case No. 1033 of 2020 (Meenakshi Madaan Vs. Ajay Sharma and others) pending in the court of Addl. Civil Judge (Senior Division) / Addl. Chief Judicial Magistrate, Roorkee, District Haridwar.

2. Brief facts of the case are that a complaint was filed by respondent no. 2 – Smt. Meenakshi Madaan under Section 138 of the Negotiable Instruments Act, 1881 against the present applicant, his wife and two others for dishonour of cheque bearing cheque no. 542203 for an amount of Rs.24,00,000/- on 07.10.2020 wherein Addl. Civil Judge, (Senior Division), Roorkee, took cognizance and summoned the accused including the present applicant by order dated 18.01.2021.

3. Learned counsel for the applicant submits that applicant and respondent no. 2 & her husband have good business relation with each other and due to this relation on 15.03.2018, applicant and other co-accused persons came to the house of the respondent no. 2 – complainant and asked for Rs.30,00,000/- for one year for the purpose of enlarging the scope of their business. Subsequently, respondent no. 2 – complainant and her husband transferred an amount of Rs.24,00,000/- to the firm of the applicant namely M/s Anshika Ceramics and Rs.3,00,000/- were given in cash to the applicant and other co-accused persons. It is further submitted that respondent no. 2 when asked for return the amount, then applicant gave a cheque of Rs.24,00,000/- to the complainant of Punjab National Bank, BSM College Chowk Branch, Roorkee. On 14.01.2020, respondent no. 2 – complainant presented this cheque in the Bank, however, the said cheque was returned back with an endorsement “funds insufficient” and the said memo was given by the bank on 14.01.2020, thereafter, respondent no. 2 informed the applicant and other co-accused persons that cheque was dishonoured, on this the applicant and other accused persons requested the respondent no. 2 to present the cheque again after a month and on such request, again the same cheque was presented by respondent no. 2 for encashment on 14.02.2020 but the same was again returned back with an endorsement “funds insufficient”. Thereafter, respondent no. 2 sent a joint legal notice to the applicant and other co-accused persons through her Advocate on 29.02.2020 wherein a demand was raised for the amount, as shown in the cheque within 15 days from the date of receipt of notice. Thereafter, when the amount as shown in the cheque was not paid by the applicant and other co-accused persons, a complaint was filed under Section 138 of the Negotiable Instruments Act, 1881 on 07.10.2020 on which, the trial court took cognizance and issued summons to the accused persons.

4. Learned counsel for the applicant submits that the said complaint was filed on false and frivolous pleas despite the fact that there is no legally enforceable debt and he further submits that applicant and respondent no. 2 have good business relations for the last so many years and various business transactions have been made between both of them and applicant has given various cheques, as security cheque and one of which was misused by respondent no. 2 and under the garb of this that the cheque in question, is only a security cheque, present complaint has been filed under Section 138 of the Negotiable Instruments Act, 1881.

5. It is further submitted by the learned counsel for the applicant that in fact, the applicant’s account was declared dormant and no transaction was taken place since 2018 and the applicant has transferred more than Rs.19,00,000/- in the account of respondent no. 2 from different accounts in the year 2017 and on her asking for business support, respondent no. 2 was having liability of paying Rs.24,00,000/- along with interest to the applicant’s firm which respondent no. 2 transferred on 19.03.2018 and the amount shown in the cheque, is the amount which th