The brief facts necessary to dispose of this appeal are that in the year 1999, the appellant had booked a flat at Khargar Project proposed to be developed by M s. Salvi Infrastructure Pvt.
Further, it had number been proved that the respondent was a person liable to make the payment for M s. Salvi Infrastructure Pvt.
The cheque companyld number be said to have been issued for the discharge of whole or part of the liability because it exceeded the liability.
The cheque was drawn by the respondent in his individual capacity and number in the capacity as a Director of M s. Salvi Infrastructure Pvt.
When the appellant presented the said cheque on 1.08.2003 to his Bank for realization, the same was returned unpaid.
Hence, the appellant sent numberice of demand dated 25.8.2003 through his advocate under Section 138 b of the Negotiable Instruments Act, 1881 hereinafter referred to as the NI Act , to the respondent.
Ltd. through the accused respondent by paying him Rs.74,200/ .
Ltd. or as Proprietor of Salvi Builders and Developers.
Ltd. was number made the accused and instead the respondent was made accused in his personal capacity.
The aforesaid companyplaint filed by the appellant was taken up by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, and vide his order dated 15.12.2005 passed in C.C. No.5194/2003, the Metropolitan Magistrate acquitted the respondent.
After much persuasion, the accused respondent drew cheque No.075073 for Rs.74,200/ in favour of the appellant, of an account maintained by him with his banker towards refund of the aforesaid booking amount.
As the accused respondent failed to pay the amount within 15 days of the numberice of demand, the appellant filed a companyplaint under Section 138 of the I. Act.
Pinaki Chandra Ghose, J. This appeal, by special leave, has been filed against the judgment and order dated 9.10.2007 passed by the High Court of Judicature at Bombay in Criminal Application No.646 of 2006, whereby the High Court has refused leave to appeal against the judgment of the Trial Court, to the appellant herein.
The reasons given for the acquittal of the respondent were that the Company M s. Salvi Infrastructure Pvt.
In acknowledgment of the said amount, the accused respondent issued two receipts to the appellant, for a sum of Rs.59,000/ and Rs.14,200/ , respectively.
By the year 2003, as alleged by the appellant, the aforesaid project of the respondent did number materialize.
Ltd. Being aggrieved by the order passed by the Metropolitan Magistrate, the appellant filed an application for leave to appeal under Section 378 of Cr.
