AEZ Infratech Pvt Ltd & Anr v. Rakesh Kumar Jain & Anr

1. The learned counsel for the petitioners has assailed the impugned order of summoning on the ground that according to the petitioners, the cheque has to be issued by the drawer in favour of the beneficiary in discharge of legal debt or liability, while in this case, there was no debt or legal liability.

2. After brief submissions, the learned counsel for the petitioners has very fairly stated that he may be permitted to withdraw the petition with liberty to raise this question before the learned Trial Court during the course of trial.

3. In view of the aforesaid submissions made by the learned counsel for the petitioners, the petition is dismissed as withdrawn with the observations that the question of the cheque not having been issued in the discharge of legal liability or a debt will be decided by the learned Trial Court after both the parties have adduced their evidence. 2_ 2011:DHC:12251

4. The petition stands dismissed as withdrawn with the above observations.

SEPTEMBER 14, 2011 KA y r~ V.K. SHALI,J -~