Towers in Sector 15, Noida, Uttar Pradesh, and they had allotted a unit on the 8th floor of Tower-B, in the upcoming project to the complainant. In pursuance of the same, the complainant had paid a sum of Rs. 95,96,388/- to the accused persons as booking amount. It is stated that under an assured return plan, the accused persons had been playing certain amount of money to the complainant and the complainant had been encashing the cheque issued by the accused persons upto March, 2016. However, when the complainant had approached the accused persons for the balance assured return and the possession of the unit in the commercial complex, the accused persons had showed their inability to hand over the same, and had rather agreed to return the principal amount with assured returns to the complainant. In discharge of the same, the accused persons had issued three cheques amounting to Rs. 93,55,487/-, Rs. 13,14,832/and Rs. 7,01,244/-. However, when the complainant had presented the cheques for encashment with its banker, the same had been dishonoured. Thereafter, on the assurance of the accused persons, the complainant had again presented the cheque for encashment but the same had again got dishonoured. Thereafter, statutory legal notices were sent to the accused persons, calling upon them to pay the amount in question. Upon their failure to pay the amount, the present complaint under Section 138/141 of NI Act was filed by the complainant against the accused persons, i.e. the petitioners herein.
