SOWBHAGYA Vs. SATYA SAI MULTI SPECIALITY EYE HOSPITAL

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of the entire proceedings in CC. No. 549/2009 on the file of 3rd Addl. Civil Judge (Jr. Dn.) and JMFC, Udupi.

(2.) I have heard the arguments of the learned counsel for the petitioner, and as well as respondents 1 to 3. Respondent No. 4 though represented the counsel, remained absent. Respondents 1 to 3 have filed a private complaint in P.C. No. 747/2008, which is subsequently culminated in CC No. 549/2009 on the file of 3rd Addl. Civil Judge (Jr. Dn.) and JMFC, Udupi, under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, against the petitioner, on the allegation that the petitioner herein had issued a cheque dated 13.8.2008 bearing No. 70837 for a sum of Rs. 3,35,000/- drawn on her bankers, for having purchased the medical equipments from respondents 1 to 3 which are listed out at paragraph No. 2 of the complaint.

(3.) It is said that, for repayment of the sale consideration amount, the said cheque was issued and the said cheque on presentation returned with a shara "fund insufficient, thereafter, in compliance of Section 138 of the Negotiable Instruments Act, the respondents 1 to 3 having issued a legal notice under the registered post on 24.9.2008, and the same was returned to the sender as refused. Relying upon deemed service, a complaint came to be lodged on 28.10.2008.