GUPTA ENTERPRISES Vs. GHANSYAM TEWARI

JUDGEMENT

(1.) Crl.M.A. No.7627/2018 (Delay)

(2.) Brief facts as per the complaint are that the petitioner and the respondent had business transactions as they were running firms under the name and style of M/s Multi Sales Corporation and Gupta Enterprises respectively. In order to discharge his liability towards Naveen Gupta with respect to a business transaction, Ghanshyam Tiwari issued a cheque bearing number 019700 dated 25th July, 2008 for an amount of Rs.1,12,574/- drawn on ICICI Bank Ltd, Preet Vihar, New Delhi in favour of the firm of Naveen Gupta. When the cheque was presented for encashment, it was dishonoured with remarks 'funds insufficient' vide return memos dated 27th July 2008 and 13th October 2008.

(3.) On demand of the payment of the cheque in question, the respondent refused to pay the same. Petitioner issued a legal demand notice dated 8th November, 2008 through registered post. Respondent did not reply to the legal demand notice nor did he make the payment for the cheque in question. Hence, the complaint by the petitioner.