Delhi District Court Highground Energy Pvt. Ltd vs Cybrsoft And Softwares Solutions Pvt. ... on 3 April, 2025 IN THE COURT OF MS. GARIMA JINDAL, GARIMA JUDICIAL MAGISTRATE FIRST CLASS06,NORTH, ROHINI COURTS, DELHI CC.No. 2995/19 Digitally signed by CNR No. DLNT020065452019 GARIMA Date: 2025.04.03 16:03:46 M/s Highground Energy Pvt. Ltd. +0530 Through its director D225, 2nd Floor, Sector63, Noida, UP201301 ... Complainant VS. 1. Cybersoft and Softwares Solutions Pvt. Ltd. 2. Piyush Bansal Director of Cybersoft and Softwares Solutions Pvt. Ltd. 3. Malkiat Singh Director of Cybersoft and Softwares Solutions Pvt. Ltd. 4. Kishalay Bhattacharjee Director of Cybersoft and Softwares Solutions Pvt. Ltd. Registered office at House no. 1659, Phase10, Mohali Punjab160055 Also at: 103, Amour Apartments, Bapu Nagar, Jaipur 302015, Rajasthan .... Accused persons. Date of Institution : 05.07.2019 Offence complained of : u/s 138 N.I. Act Date of final arguments : 12.02.2025 Date of decision : 03.04.2025 Decision : Conviction Ct.Case. 2995/2019 Page 1 of 11 M/s Highground Energy Pvt. Ltd Vs Cybersoft and Softwares Solutions Pvt. Ltd. J U D G M E N T: GARIMA 1. Vide this judgment, I shall dispose the present complaint filed under Section 138 N.I. Act against the accused. Before going further, it Digitally is necessary to dwell upon the brief facts of the case. signed by GARIMA Date: Brief facts: 2025.04.03 16:03:51 2. In brief, the case of the complainant is that complainant is a +0530 registered company and a service provider of solar consulting services, whereas accused no. 1 is a company engaged in providing services in IT Solutions and accused no. 2 to 4 being directors of accused no. 1 are managing day to day business conduct and affairs of accused no. 1. Complainant has been supplying inverters, batteries and other electrical parts and accessories to accused persons on various sites at Rajasthan and has duly performed his obligations as per the understanding reached with accused and thus became legally entitled for an amount of Rs. 29,52,000/ outstanding as on 26.06.2019. The aforesaid orders were duly acknowledged by accused accordingly on 31.10.2018, accused no. 1 to 4 issued several postdated cheques (hereinafter referred to as the cheques in question) bearing no. 012564, 012565, 012566 and 012567 total amounting to Rs 29,52,000/. It is further averred that when the complainant presented the cheques in question with its bank for their encashment, the same were returned unpaid with the remarks "payment stopped by the drawer". Thereafter, the complainant approached the accused and informed them about the fate of the cheques, however, they flatly refused to make the payment. Thereafter, the complainant also served a legal demand notice to the accused, which was duly served upon the accused but they failed to make the payment of the amount mentioned over the cheques in question within statutory period. Hence, the present complaint was filed before this court. 3. Cognizance in the present complaint was taken against the accused and after their appearance, notice u/s 251 Cr.P.C was framed against accused persons on 05.04.2022 wherein they denied the case of Ct.Case. 2995/2019 Page 2 of 11 M/s Highground Energy Pvt. Ltd Vs Cybersoft and Softwares Solutions Pvt. Ltd. complainant and claimed trial. In their plea of defence recorded at this stage, GARIMA they admitted that the complainant was given a project of installing PS and batteries at four government sites which were given on contract to them and as per contract, the