R.M. Lodha, J. - (1.)LEAVE granted. The only question that arises for consideration in this appeal by special leave is, whether the post -dated cheques issued by the Appellants (hereinafter referred to as 'purchasers') as an advance payment in respect of purchase orders could be considered in discharge of legally enforceable debt or other liability, and, if so, whether the dishonour of such cheques amounts to an offence Under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act'). The Delhi High Court in the impugned order has held that to be so.
(2.)THE brief facts are these: On 19.02.2007 and 26.02.2007, the purchasers placed two purchase orders for supply of certain aircraft parts with Respondent No. 1, M/s. Magnum Aviation Pvt. Ltd. (hereinafter referred to as 'supplier'). In respect of these purchase orders, the purchasers also issued two post -dated cheques dated 15.03.2007 for a sum of Rs. 34,57,164/ - and 20.03.2007 for a sum of Rs. 15,91,820/ -. The said cheques were issued by way of advance payment for the purchase orders. One of the terms and conditions of the contract was that the entire payment would be given to the supplier in advance. The supplier says that the advance payment was made by the purchasers as it had to procure the parts from abroad.
These cheques got dishonoured when they were presented on the ground that the purchasers had stopped payment.

(3.)IT is not in dispute that the supplier received letter dated 22.03.2007 from the purchasers cancelling the purchase orders and requesting the supplier to return both the cheques.