NEHA MAHAJAN Vs. AVNEET OBEROI

JUDGEMENT

(1.) Complainant has filed present application seeking leave to appeal against the judgment dated 24th of October, 2019 passed by Judicial Magistrate 1st Class, Chandigarh dismissing the complaint filed by the petitioner under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act').

(2.) Applicant preferred complaint claiming that she owns business being run under the name and style of M/s Kidzilla and Cafe Green Olive at SCF 65-66, Phase-10, Mohali. Accused No.1 approached the complainant to run the said business under the existing name and style in consideration for the profit of Rs.60,000.00 per month payable to the complainant by the accused besides rent for the said premises i.e. Rs.88,400.00 per month, property tax, electricity and water bills. The complainant agreed and inducted the accused along with another Ms. Diksha Sharma D/o Ashok Sharma R/o # 1231, Sector 21-B, Chandigarh as operational partners. That an MOU was signed between the complainant being the First Party, the accused No.1 and Ms. Diksha Sharma D/o Sh.Ashok Sharma R/o # 1231, Sector 21-B, Chandigarh being the second party. Later Ms. Diksha Sharma left the said arrangement with the consent of the accused No.1 and the complainant has not raised objection to this. The accused was to be known as one of the operational partners as per the said MOU. Initially the accused No.1 appeared to be a good operational partner, but very soon he started making default in performing his part of the contract known as the MOU. Arrears started mounting against the accused and the complainant was forced to follow up with the accused for the dues payable to the complainant. After continued follow up, the accused in order to discharge their legal liability (in part), issued a cheque No.773124 dated 25th of May, 2018 amounting to Rs.7,72,900.00 drawn on Corporation Bank, Chandigarh in favour of complainant with an assurance that the same would be encashed as and when presented. Complainant presented the Cheque in question for encashment but it was dishonoured by the banker of the accused vide memo dated 29th of May, 2018 with the remarks of 'Payment stopped by Drawer'. Thereafter, legal notice dated 25th of June, 2018 was sent through registered post calling upon accused to make the payment within 15 days from the receipt of notice but accused failed to make the payment.

(3.) After the preliminary evidence, respondent was summoned to face trial. Complainant herself did not enter into witness box but opted to testify through her power of attorney who stepped into witness-box as CW-1. Respondent-accused in his defence statement testified as under :