SACHDEVA ENTERPRISES Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed seeking leave to appeal against the judgment dtd. 5/12/2023 passed by the learned Metropolitan Magistrate (NI Act)-03, Patiala House Courts, New Delhi District, New Delhi (hereinafter referred to as 'Trial Court') in CC No.45060/2016, titled M/s Sachdeva Enterprises v. Sh. Mohit @ Moni, dismissing the said complaint filed by the petitioner herein under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act'). Facts in brief

(2.) It is the case of the petitioner that in the year 2013, the petitioner gave an amount of Rs.1.50 crores to the respondent no.2 for purposes of arranging for an Australian Visa and Immigration. Subsequently, as the respondent no.2 could not arrange for a Visa, the said amount was adjusted in an import deal of LED Bulbs consignments. After repeated requests, the respondent no.2 issued one post dated cheque for an amount of Rs.1.28 crores, which, however, upon presentation was returned dishonored with the remarks 'Account closed' vide cheque return memo dtd. 6/5/2016. A legal demand notice dtd. 4/6/2016 was also sent to the respondent no.2, however, as the payment was not made by the respondent no.2, the above complaint was filed. Submissions of the learned counsel for the petitioner

(3.) The learned counsel for the petitioner submits that the respondent no.2 had admitted the cheque in question. In this regard, he draws my attention to the statement of the respondent no.2 recorded before the learned Trial Court on 30/5/2019.