LAXMI PRASAD VISHWAKARMA Vs. SHAKUNTALA SINGH VISHWAKARMA

JUDGEMENT

(1.) Petitioner has preferred this CRMP under Sec. 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for quashing the impugned order dtd. 1/2/2019 as well as entire proceeding of Complaint Case No. 929/2019 pending before JMFC, Raipur.

(2.) In brief the respondent's case is that she and petitioner are wife and husband. On 27/6/2017 he had executed an agreement to leave her and in lieu thereof he will pay her Rs.23.00 Lacs. On 20/12/2018 he gave him a cheque bearing No.839148 of amount Rs.5.00 Lacs. She presented said cheque on 28/12/2018 at Punjab National Bank, Main Branch, Raipur. Said cheque was returned back to her as dishonored with the endorsement that 'payment was stopped by drawer' on 31/12/2018. She sent a registered notice to him through her Lawyer on 7/1/2019 which was returned back unserved with the endorsement that he is usually not present there. Thereafter she filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereafter called as 'NI Act').

(3.) Trial Court on 1/2/2019 registered a complaint case No. 929/2019 against the petitioner under Sec. 138 of NI Act.