BARUN BHANOT vs M/S ANNIE IMPEXPO MARKETING PVT LTD & ANR

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 09.06.2025 + CRL.L.P. 45/2018 & CRL.M.A. 1078/2018 BARUN BHANOT .....Petitioner versus M/S ANNIE IMPEXPO MARKETING PVT LTD & ANR .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Anand Ranjan, Mr. Abhishek Kumar Singh & Mr. Alok Kumar, Advs. For the Respondents : Ms. Dharini Windlass, Adv. through V.C. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present leave to appeal is filed against the judgment dated 26.04.2017 (hereafter ‘impugned judgment’) passed by the learned Metropolitan Magistrate (‘MM’), Patiala House Courts, New Delhi in CC No. 42989/2016 dismissing the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’). 2. Briefly stated, the petitioner is the proprietor of M/s A. B. Consultants and is in the business of providing consultancy and other Signature Not Verified Signed By:DEEPANSHU Signing Date:11.06.2025 CRL.L.P. 45/2018 Page 1 of 13 18:55:30 services in relation to custom clearance and freight forwarding to exporters and importers. It is alleged that the petitioner provided its services to the respondents and consequently raised regular invoices. It is alleged that a sum of ₹2,64,689/- was due to the petitioner. It is alleged that Respondent No. 1 through its managing director being Respondent No. 2, in discharge of the liability, issued two cheques bearing nos. 465680 and 465681 for a sum of ₹50,000/- each duly signed by Respondent No. 2. It is alleged that the subject cheques, on presentation, got dishonoured and returned unpaid vide return memo dated 05.01.2009 with the remarks “payment stopped.” Subsequently, when the respondents failed to make the payment within the stipulated period despite the issua