SAUMYA PANDEY Vs. ARSHDEEP SINGH SANDHU

JUDGEMENT

(1.) By means of the present C528 application, the applicant has challenged the cognizance/summoning order dtd. 10/7/2025 passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No.781 of 2025 Arshdeep Singh Sandhu Vs. Ms. Saumya Pandey, whereby, the applicant was summoned under Sec. 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act') as well as the entire proceedings of the aforesaid criminal case.

(2.) The brief facts of the case are that the applicant and respondent was business partners in a caf ((THELAW)) under the name and style M/s Kismat Konnection Kafe K3 and applicant was taking care of day to day activities of caf ((THELAW)) and studio while respondent was investing funds in the caf ((THELAW)). After some time, there was a monetary dispute arose between the partners, due to which, on 9/4/2024, applicant sent an information through notice regarding terminating the partnership deed and thereby claiming Rs.10,00,000.00 to the applicant on various false and concocted grounds. During the execution of partnership deed, respondent secured a post dated cheque from the applicant as security and after termination of partnership deed, respondent misused the said cheque thereby filling it for an amount of Rs.18,56,300.00 without informing the applicant. When the respondent presented the said cheque for encashment before his Banker on 9/5/2025 and the said cheque was dishonored with an endorsement 'refer to drawer' on 12/5/2025. Thereafter, respondent allegedly informed the applicant about the dishonoring the cheque and applicant denied to make any payment, consequent to which, respondent sent a legal notice to applicant on 15/5/2025 which was returned unserved on 24/5/2025. Respondent also sent a legal notice to applicant on her email on 20/5/2025, for which reply was given to the respondent. Thereafter, respondent filed complaint under Sec. 138 of the Act against the applicant on 9/6/2025 before the learned ACJM, Kashipur, District Udham Singh Nagar, which was registered as Criminal Criminal Case No.781 of 2025 Arshdeep Singh Sandhu Vs. Ms. Saumya Pandey.

(3.) After registration of the complaint, learned Trial Court issued notice to applicant before issuance of summon as provided under Sec. 223 BNSS, however, applicant could not present herself due to her personal difficulties before the learned Trial Court. Hence, after closing her opportunity, learned Trial Court took the cognizance and summoned the applicant vide order dtd. 10/7/2025. Thus applicant is before this Court.