CHITRA SAINI Vs. STATE & ANR

JUDGEMENT

(1.) Aggrieved by the order dated 4th April, 2016 dismissing the application under Section 311 Cr.P.C. filed by the petitioner/ accused in complaint case No.509/14 titled as 'Dhyan Kaur Vs. M/s. Game On & Ors.' under Section 138 of the Negotiable Instruments Act (in short the NI Act) for calling Sardar Trilok singh as a witness, the order dated 4th July, 2016 dismissing the second application under Section 311 Cr.P.C. for calling the concerned officials of Axis Bank with details of cheque No. 114932 dated 19th October, 2012 and cheque No. 114937 dated 3rd November, 2012 vide order dated 4th July, 2016 and quashing of the complaint case, the petitioner prefers the present petition.

(2.) A complaint under Section 138 NI Act was filed by Dhyan Kaur wife of Sardar Trilok Singh through her attorney Rishi Vadhera stating that she was the owner of premises No. 40/52, (Basement) Chitranjan Park, New Delhi and the said premises was given on rent to the tenant for 11 months for business purposes of running of Games Parlor (Snooker and Pool Table) commencing from 5th November, 2012 to 4th October, 2013 with an option to the accused firm to renew the same twice only at a monthly rent of Rs. 1 lakh minus TDS of Rs. 10,000/- payable in advance on or before 5th of each calendar month besides water, electricity and other charges vide agreement of tenancy dated 5th November, 2012. The accused handed-over 11 post-dated cheques duly signed by accused No.2 i.e. Chitra Saini, the petitioner herein and the authorized signatory of the firm 'M/s. Game On' in the name of the complainant in respect of future rent and it was assured that all cheques would be honoured. However, two cheques bearing No. 162806 and 162807 dated 5th June, 2013 and 5th July, 2013 for a sum of Rs. 90,000/- each when presented were dishonoured by the bank with the remarks 'Funds Insufficient'. On receipt of the return memos from the bank, the complainant issued notice, however no payment was made in the statutory period of 15 days and thus the complaint was filed.

(3.) During the course of arguments no case whatsoever has been made to show that the complaint under Section 138 of NI Act was not maintainable and the same be quashed.