EMILASHA LALOO Vs. NISHAN SKHEM BLAH

JUDGEMENT

(1.) The respondent has filed a complaint under sec. 138 of the Negotiable Instruments Act, 1881 before the Court of the Additional Deputy Commissioner (Judicial), Shillong for dishonour of a cheque dtd. 15/12/2017 to the tune of Rs.11,30,000.00 (Rupees eleven lakhs thirty thousand) only, allegedly issued by the petitioner herein to the respondent. The said cheque was drawn on the United Bank of India, Nongthymmai Branch. However, upon presentation of the same at the Meghalaya Cooperative Apex Bank, Shillong Branch by the payee, it was returned to the drawer due to insufficient fund. The said case was registered and numbered as C.R. Case No.1 (T) 2018.

(2.) On being endorsed, the learned Judicial Magistrate First Class, Shillong took cognizance of the complaint and vide order dtd. 5/3/2018, issued summons to the petitioner/accused.

(3.) The petitioner being aggrieved and dissatisfied with the said order dtd. 5/3/2018, has accordingly approached this Court with a petition under Sec. 482 Cr.P.C with a prayer to quash the said proceedings, inter alia, on the ground that there is a bar of the liability/debt being legally enforceable and also on the ground of territorial jurisdictional bar.