SURANTI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings in Complaint Case No. 302 of 2008, Aneeta Devi Vs. Suranti Devi, under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the Act), PS Pilkhuwa, District Ghaziabad. The brief facts of the case are that opposite party no. 2 Smt. Anita Devi field a complaint for the offence punishable under Section 138 of the Act against the applicant with the allegations that she had purchased bricks amounting to Rs. 1,33,000/- from opposite party no. 2 for construction of building of her dairy, for which the opposite party no. 2 was given two post dated cheques of Rs. 83,000/- and Rs. 50,000/- mentioning the date as 5.8.2007. The opposite party no. 2 accepted the said cheques for payment but when the said cheques were presented in the Bank account of her firm, the same were received back after being dishonoured on 7.2.2008. It was alleged that the applicant issued the cheques knowingly that she had insufficient amount in her account. Thereafter legal notice was sent on 3.3.2008 through her counsel demanding the said money by registered post as well as by U.P.C. The applicant refused to accept the notice sent through registered post whereas she received the notice sent through U.P.C. but the amount was not paid. Hence the complaint as aforesaid was filed.

(2.) The complaint was filed on 29.4.2008 but due to absence of the complainant/opposite party no. 2, the same was dismissed on 31.7.2008. Thereafter on 4.8.2008, the opposite party no. 2 again filed a Misc. Case, which was registered as Misc.Case No. 302/2008 on the same facts with the prayer to summon the applicant. In the said complaint, it was also mentioned that her earlier complaint was dismissed for her no fault as on the date fixed i.e. 31.7.2008, it was informed by her counsel that due to condolence, the counsel could not appear.

(3.) On the said complaint, the learned Magistrate after considering the entire materials filed along with the earlier complainant, summoned the applicant vide order dated 19.6.2009 for the offence punishable under Section 138 of the Act finding a prima facie case against him.