2019 (12) TMI 708

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.... alongwith respondent nos. 3 to 5 are running a company in the name of M/s Alpha Proptech (P) Ltd. Builders & Consultants. The respondent No. 2 desired to purchase one flat at Indrapuram, Ghaziabad, Uttar Pradesh and the respondent No.2 contacted the respondent No. 3 regarding the purchase of the flat and thereafter the respondent No. 3 had insisted the respondent No. 2 to purchase a duplex flat in Niti Khand. Thereafter, on 15.11.2012 the respondent Nos. 3 to 5 through their representative had entered into a written agreement with the wife of the respondent No. 2 for purchasing the property bearing Flat No. 1902, 19th Floor at Indirapuram, Ghaziabad, U.P for the sale consideration of the amount of Rs. 42,50,000/- and out of which a sum of ....

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....n, Delhi and from where they were sent to banker of the respondent No. 2 for its clearance, but the same were dishonoured and returned unpaid vide cheque returning memos dated 30.06.2015 and 02.07.2015. After dishonouring of the cheques, the complainant intimated respondent Nos. 3 to 5 to return the aforesaid amount, but they refused to pay the same. On receipt of said information respondent No. 2 issued a legal demand notice dated 27.07.2015 to respondent Nos. 3 to 5 at their addresses. On 01.09.2015, a complaint was filed by respondent No. 2 before the concerned court, and the said court, without application of mind, issued summons on 01.10.2015. A perusal of the document from the Registrar of Companies shows that from 22.04.2015 onwards,....

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....e, as the case may be, shall make a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. As per sub clause (c) Section 138 (1) of the said Act, the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. 6. Admittedly, in the present case, notice raising demand for payment has not been issued to petitioner by the complainant. Thus, as per the statute, to fasten a liability upon the accused/petitioner, it was mandator....