GEETA Vs. STATE OF U P

JUDGEMENT

(1.) Geeta has approached this Court through the instant Criminal Misc. Application No,89 of 2006, u/S, 482 Cr.P.C., with the prayer to quash the proceedings of Complaint Case No.266/04, u/S. 138 of Negotiable Instruments Act, read with Section 420 IPC, pending in the Court of Chief Judicial Magistrate, Saharanpur with the nomenclature Smt. Manju versus Geeta. The subsequent prayer is for stay of further proceedings of the aforesaid complaint case till the disposal of present application in this Court.

(2.) The factual matrix of the case has got its genesis in the complaint filed by Smt. Manju w/o late Prithvi Singh on 13-1-2004 in the Court of CJM, Saharanpur being complaint case No.266/04 with the allegations that husband of the complainant late Prithvi Singh was the employee in Railways and the complainant with her small children was living along with her parents. Accompanied by her father and sisters the complainant used to visit the house of the accused Smt. Manju and resultantly was closely intimated with her. Accused applicant offered the complainant that her father is going to purchase the land for carving out plots and for the said purpose they require Rs. 60,000/-. They assured the complainant Smt. Manju that her money will be repaid from the sale proceeds of the plots or in the alternative she will get a plot of 100 square yards. Reposing trust in them and believing the offer to be genuine, the complainant gave Rs.60,000/- to the applicant accused Smt. Geeta on 25-7-2003 in the presence of her sister Babita, Smt. Satto w/o Yash Pal, Manoj and Deepak. In lieu the applicant accused Geeta issued two cheques of Rs.30,000/- each to the complainant being cheques No. 104999 and 105000, both of Punjab and Sindh Bank drawn from account No. 12297 dated 5-6-2003 with the assurances that cheques will be honoured after few months. The complainant Smt. Manju presented the aforesaid cheques in her Punjab National Bank for encashment on 5-12-2003 but the same were dishonored by Punjab and Sindh Bank with the note that account has been closed and it returned the aforesaid cheques to the complainant with the memos dated 8-12-2003 and 18-12-2003. The complainant, gave registered notice to the accused applicant Smt. Geeta on her correct address asking her to repay the cheques amount but the notice was also returned on 3-1-2004 with the endorsement that addressee could not be found.

(3.) As the complainant was cheated to the tune of Rs.60,000/-, therefore, she layed the complaint in the Court of CJM, Saharanpur as mentioned above, appending therewith the photocopy of both the cheques, registered notice sent by her, carbon copy of the notice and the original registry receipt. Learned Magistrate took the cognizance of the offence and examined the complainant u/S. 200 Cr.P.C. She however did not examine any witness u/S. 202 Cr.P.C. Learned Magistrate finding the prima facie case, summoned the present accused applicant Geeta for offences u/S. 138 of N.I. Act as well as u/S. 420 IPC, vide his order dated 15-3-2004 fixing 15-4-2004 for appearance of the accused. Geeta aggrieved by her summoning order preferred criminal revision No. 194 of 2004 Geeta versus State and another before the Sessions Judge, Saharanpur on 15-6-2004, which was transferred to the Court of additional Sessions Judge Court No. 6, Saharanpur for disposal. Her criminal revision was dismissed by the lower revisional Court, vide its order dated 7-10-2005 annexure 4 to the affidavit, hence the present Criminal Misc. Application by the accused with the prayer to quash the entire proceedings.