CLAIM FOR DAMAGES DOES NOT AMOUNT TO EXISTING DEBT AND LIABILITY U/S 138 OF NI ACT
The calculated amount of Rs.1,36,20,000/- does not fall in the category of existing debt or liability, but as if damages have been assessed by the respondent. Had the statutory notice and its response been perused by the learned MM, it would have revealed that it was a dispute between the company and one of its Director and when the terms of appointment were in writing, the cheque for a huge sum of Rs.1,36,20,000/- could not have been sent/handed over to the
respondent/complainant without any settlement in writing to this effect. The complainant is silent as to when and where and by whom the cheque in question was given to him to settle his future dues. If any amount is calculated and claimed towards damages, then it being a purely civil dispute, provisions of Section 138 NI Act could not have been invoked by the respondent/complainant.
Delhi High Court
M/S Ikf Technologies Ltd & Ors vs Sasi Bhusan Raju on 17 December, 2012
Citation;2013 ALL M R (cri)JOURNAL 49https://www.lawweb.in/2013/11/claim-for-damages-does-not-amount-to.html
