ARUNA KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of the this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C) the petitioner has sought quashing of the proceedings of criminal complaint case no. 3 of 2004 Anil Kumar vs. Smt. Aruna Kumar, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of Additional Civil Judge (Junior Division)/ Judicial Magistrate Roorkee, District Hardwar.

(2.) Heard learned counsel for the parties and perused the affidavit and counter affidavit.

(3.) Brief facts of the case are that the complainant/respondent no.2 filed a criminal complaint case against the petitioner Aruna Kumar alleging that the complainant had paid Rs. 50,000/- to the respondent no.2 for helping him in providing job in a sugar mill. However, no job could be provided to the complainant who demanded back the amount paid to the petitioner. It is further alleged in the criminal complaint that later cheque no. 0780840 dated 20th of June 2003 was given to the complainant by the petitioner for an amount of Rs. 30,000/- towards the repayment. However, when said cheque was presented before bank on 09.07.2003, the same was returned with the endorsement that there were no sufficient funds. Again, on 3rd of November 2003, on the assurance of the petitioners cheque was presented before the bankers on 03.11.2003, but once again the cheque was dishonored for insufficiency of funds. On this, complainant sent a notice dated 15.11.2003 to the petitioner but no payment was made by her hence the criminal complaint was filed on 01.01.2004. After recording statement of the complainant under section 200 Cr.P.C., and that of the witness under section 202 Cr.P.C., petitioner appears to have been summoned vide order dated 03.01.2004 to face trial, in respect of offence punishable under section 138 of Negotiable Instruments Act, 1881. Hence, this petition.