JASBEER KAUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant to the present C-482 application, has put a challenge to the cognizance order dtd. 16/4/2018, as well as the order dtd. 6/9/2022, which has been passed by the court of learned Judicial Magistrate/1st Additional Civil Judge, Rudrapur, District Udham Singh Nagar, in Criminal Case No. 3071 of 2018 "Paramjeet Singh Vs. Smt. Jasveer Kaur".

(2.) The sequence of events, which becomes relevant for consideration, and as also argued by the learned counsel for the applicant is in relations to the institution of the proceedings under Sec. 138 of the Negotiable Instrument Act, on 12/4/2018, as it was instituted by the respondent no.2, over the set of allegations, with regards to the dishonoring of cheque, due to the bank remark of insufficient funds, which was informed by the returning memo dtd. 3/1/2018, of the bank concerned.

(3.) The arguments of the learned counsel for the applicant is, that the applicant didn-t have the knowledge of institution of the proceedings, which was instituted under Sec. 138 of the Negotiable Instrument Act, as it stood instituted on 12/4/2018. He further submits that the applicant had instituted an F.I.R. on 3/12/2018, without bringing to the knowledge of the fact, of institution of earlier proceedings, under Sec. 138 of the Negotiable Instrument Act on 12/4/2018, and rightly or wrongly, the proceedings, drawn by way of an F.I.R. 645 of 2018 dtd. 3/12/2018, by the present applicant, as against the respondent no.2, for the offences under Ss. 420, 467, 468, 471, 147, 323, 504 and 506 of I.P.C., which was registered at P.S. Rudrapur, District Udham Singh Nagar, it ultimately got closed, owing to the settlement, which was placed before the concerned authorities, of which, the reference has been made by the learned counsel for the applicant, to be an agreement, which was executed on 23/4/2019. It is based on this agreement, that a final report has been submitted in the proceedings of the F.I.R. No. 645 of 2013, dtd. 3/12/2018, and acceptance of the final report, has attained finality.