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Judgment
Heard.
Learned counsel for the petitioner would submit that the proceeding under Section 138 Negotiable Instruments Act (for short 'the N.I. Act') was
registered by the Court below without satisfaction of the fact that the legal liability to make payment to the complainant never existed and it is a pre-
requirement for registration of the offence under the N.I. Act. He would make a reference to the agreement (Annexure P-4) and would submit that a
sale agreement was entered on the condition that certain lands, if they eventually fall free from the civil dispute, then the sale deed would be executed
and the cheques were given for such purchase and thereby they were held for security. He would further refer to the case of Indus Airways Private
Limited and others Vs. Magnum Aviation Private Limited and Another {(2014) 12 SCC 539}.
Perusal of the complaint would show that the complaint has been filed for dishonour of the cheque dated 06.07.2017 of Rs.25 Lakhs. The
enforceable date was not existing cannot be inferred by reading of the complaint. Admittedly, agreement which has been referred by the petitioner is
not before the Court, therefore, before registration of the offence under Section 138 of the N.I. Act, the Court is not expected to presume the defense
which would be raised by the accused unless & until accused comes before the Court and explains those facts. The petitioner would be always at
liberty to prove his innocence before the Court and raise his defense.
The petition appears to be premature. It is accordingly dismissed.