AMITA GANGWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the summoning order dated 04.06.2010 passed by Judicial Magistrate, Rudrapur in Criminal Complaint Case No.741 of 2010 titled as Rajesh Khurana vs. Amita Gangwar, under Section 138 of the Negotiable Instruments Act, 1881. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court.

(2.) A criminal complaint case was filed by respondent no.2/Rajesh Khurana against the accused Smt. Amita Gangwar (applicant herein) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). After recording the statement under Section 200 Cr.P.C. coupled with the filing of the documentary evidence, accused applicant was summoned to face the trial for the offence under Section 138 of the Act, vide impugned order dated 04.06.2010 passed by the Judicial Magistrate, Rudrapur. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the applicant.

(3.) IT was stated by the complainant in the complaint that the accused (applicant herein) gave him an account payee cheque of Rs.2.40 Lakhs dated 06.12.2009. When the said cheque was presented in the P.N.B., Rudrapur Branch, the same was dishonoured. The bank informed respondent no.2 that the cheque could not be honoured because of "insufficiency of funds". Respondent no.2 gave a registered notice to the applicant through his counsel on 10.05.2010, but inspite of the service of notice upon the applicant on 11.05.2010, she did not pay him the money. Respondent no.2 placed original cheque, computerized copy of the notice, receipts of postal authorities, receipt of the depositing the cheque in the bank, etc., which shows that the legal requirements of Section 138 of the Act were complied with. Having found a prima facie case to proceed against the applicant for the offence under Section 138 of the Act, the accused applicant was summoned by the court below to face the trial.