SMT. DOLLY GHOSH W/O SHRI P.K. GHOSH Vs. STATE OF UTTARANCHAL/UTTARAKHAND AND KEN WOOD COLOUR LAB THROUGH ITS PARTNER ASHOK ARORA S/O SHRI R.C. ARORA

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of Cr.P.C, the petitioner has sought quashing of the proceedings of Complaint Case No. 359 of 2005, Ken Wood Colour Lab v. Glob Overseas and Ors. relating to offence punishable under Section 138 Negotiable Instruments Act, 1881, P.S Jwalapur, pending in the court of Ist Additional Civil Judge(Junior Division)/Judicial Magistrate, Haridwar.

(3.) BRIEF facts of the case are that the complainant No. 2 filed criminal complaint before the trial court with the allegation that complainant firm was approached by the accused firm Glob Overseas Ltd, run by P.K. Ghosh and the petitioner Dolly Ghosh for sale of colour photo machine. In connection with said purchase in terms of agreement the complainant made payment of Rs. 24 lacs to the accused firm. However, colour photo machine was not supplied to the complainant firm. As such complainant demanded back the amount paid by it to the accused firm. It is alleged in the criminal complaint that accused No. 3 Dolly Ghosh (present petitioner) gave four cheques each amounting two lacs (in all eight lacs) to the complainant which were signed by the accused No. 2 (P.K. Ghosh). When the cheque No. 170274 dated 14.04.2005 was presented before the bankers, ICICI bank Haridwar, the same was dishonored on the ground on insufficiency of funds on this the complainant got served notice dated 02.08.2005 on all the accused including the petitioner and when the amount was not paid, criminal complaint was filed on 06.09.2005. On said compliant after recording statement of the complainant under Section 200 of Cr.P.C., it appears that the Magistrate vide its order dated 12.09.2005 summoned the accused including the petitioner to face the trial, in respect of offence punishable under Section 138 of Negotiable Instruments Act, 1881.