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2025.03.18 16:48:11 +0530 ABHISHEK MATHUR VS. M/S OXYGEN INFRASTRUCTURES & DEVELOPMENT PVT. LTD.
No. 2 and 3 are the Directors of the Accused No. 1 Company responsible for the management, control, and supervision of Accused no. 1 Company and also responsible for its day to day affairs. The complainant had booked an apartment measuring 1080 sq. ft. @ Rs. 2550/- per sq. ft. at basic sale price, from the accused persons in their upcoming residential group housing project "Spanish Heights" located on NH24, Village Mehrauli Ghaziabad, U.P.

ABHISHEK MATHUR VS. M/S OXYGEN INFRASTRUCTURES & DEVELOPMENT PVT. LTD.

5. Thereafter, the complainant sent a legal demand notice dated 07.05.2014 which was issued to the accused demanding the payment of the cheque amount. Despite the service of legal demand notice, accused did not make any payment to discharge the liability. Hence, being aggrieved, the complainant has filed the present complaint and prayed that the accused be summoned, tried and punished under Section 138 of the NI Act.

NOTICE

7. The court framed notice of accusation under Section 251 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.') against the Accused no. 2 and 3 on 06.04.2021 while on AR of Accused No. 1 on 21.02.2022. The substance of accusation was read over and explained to the accused persons and after being satisfied that the accused persons comprehended the same, the court recorded their plea. The accused persons pleaded not guilty and claimed trial. The Accused No. 3 admitted his signatures on the cheque in question. Upon being questioned regarding the legal demand Page no. 4 of 20 (Neha Sharma) NEHA JMFC NI Act-04/NDD/PHC/ND SHARMA ABHISHEK MATHUR VS. M/S OXYGEN INFRASTRUCTURES & DEVELOPMENT PVT. LTD.

1) Ex. CW1/A i.e. Copy of Authority letter;
2) Ex. CW1/B i.e. Copy of said agreement dt. 11.06.2023;

NEHA Page no. 5 of 20 (Neha Sharma) SHARMA JMFC NI Act-04/NDD/PHC/ND ABHISHEK MATHUR VS. M/S OXYGEN INFRASTRUCTURES & DEVELOPMENT PVT. LTD.

3) Ex. CW1/C i.e. Original cheque bearing no. 005726 dt. 11.03.2014;