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16. In this context, any amount paid or received for securing a government job cannot be considered lawful consideration, as it involves illegal activity. Therefore, such an agreement is void and cannot be enforced under law.

Additionally, under Section 138 of the Negotiable Instruments Act, only a legally recoverable debt can be claimed. Since the amount in question arises from an unlawful consideration, it cannot be deemed a legally recoverable debt.

17. On the face of the complaint, the amount claimed by the complainant does not CC.No.32630/2022 Judgment qualify as a recoverable debt, rendering the complaint not maintainable. In conclusion, any amount received in exchange for securing a government job through illegal means is not enforceable by law and cannot be regarded as a valid debt.

18. The counsel for the accused places reliance on the dictum of the Hon'ble High Court of Karnataka in R Parimala Bai vs Bhaskar Narasimhaiah in Crl.P.No.1387 of 2011 dated:06.07.2018, Para 21 of the said judgment runs as under:

"As could be seen from the rulings cited by the learned counsel for the petitioner and the provisions of Section 23 of the Indian Contract Act, it is crystal clear that if on the basis of a void contract and particularly if the consideration is illegal, and consideration is for CC.No.32630/2022 Judgment immoral or illegal purposes or which is against the public policy, then the whole transaction becomes void, the consideration paid in such contract becomes an illegal consideration and when it is said it is legal or unlawful consideration, it can not be at any stretch of imagination called as a legally recoverable debt".

28. I have already discussed on the assertion of the complainant that the CC.No.32630/2022 Judgment consideration that has passed from him to the accused No.2 is illegal. When that is so, any negotiable instrument that is obtained for unlawful consideration cannot be enforced unless he is a holder in due course. Section 58 of the Negotiable Instruments act itself clarifies on this point. The provision runs as under:

"58. Instrument obtained by unlawful means or for unlawful consideration.--When a negotiable instrument has been lost, or has been obtained from any maker, acceptor or holder thereof by means of an offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or some person through whom he claims was, a holder thereof in due course."