AMRIT SANDHU COSTAR 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 bearing CC 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 1 in complaint) and her sister namely Jasween Sandhu (arrayed as the accused no 2 in complaint and is petitioner in Crl.M.C. bearing no 437/2019) 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 Jasween Sandhu 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 Jasween Sandhu. The impugned order is reproduced as under:-