JASWEEN SANDHU Vs. STATE

JUDGEMENT

(1.) The present petition is filed under Sec. 482 Code of Criminal Procedure, 1973 (hereinafter referred to as -the Code') for quashing the criminal complainttitled as Atamjit Singh V Amrit Sandhu Coster and another bearingCC no 6437 of 2017 and the summoning order dtd. 3/6/2017 (hereinafter referred to as -the impugned order') passed by the court of Ms. Colette Rashmi Kujur, Metropolitan Magistrate-10, South East, Saket (hereinafter referred to as -the trial court')

(2.) The factual background necessary to mention for disposal of present petition is that the respondent no.2/ complainant (hereinafter referred to as -the respondent no 2) has filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 titled as Atamjit Singh V Amrit Sandhu Coster and another bearing CC No.6437 of 2017 on allegations that the petitioner (arrayed as the accused no 2 in complaint)and her sister namely Amrit Sandhu Coster (arrayed as the accused no 1 in complaint and is petitioner in Crl. M.C. bearing no 556/2019) issued a cheque bearing no. 329623 dtd. 6/3/2017 amounting to Rs.20,00,000.00 (Rupees Twenty Lacs Only) drawn on Syndicate Bank, Branch West Punjabi Bagh, Central Market, New Delhi-110026 (hereinafter referred to as -the cheque in question') towards discharge the their liability as detailed in complaint. The respondent no 2 presented said cheque for encashment on 6/4/2017 at HDFC Bank, Branch G.K.-l but was dishonored due to'Payment Stopped by Drawer' as intimated vide return memo dtd. 11/4/2017. The petitioner and Amrit Sandhu Coster did not pay cheque amount despite notice dtd. 10/5/2017. The respondent being aggrieved filed the present complaint.

(3.) The trial court vide impugned order summoned the petitioner and Amrit Sandhu Coster. The impugned order is reproduced as under:-