NANDU SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of Code of Criminal Procedure, 1973 (for short "The Code ") has been preferred against issuance of process by the Court of the learned Additional Chief Judicial Magistrate, Indore in Cr. (complaint) Case No.32669/2015, registered on the basis of Cr. complaint preferred by Yash Technologies Pvt. Ltd., (for short "the respondent ") against the petitioner for offence under Sec. 138 of Negotiable Instrument Act, 1881 (for short "The Act "), whereby the petitioner was directed to appear before the Court.

(2.) The respondent has filed the criminal complaint with the averments that the petitioner, pursuant to offer letter dated 05/09/2014, was appointed as trainee consultant, vide agreement dated 08/09/2014. It is further averred that in terms of the agreement, the petitioner was required to pay Rs.2.00 lakhs, in case, she leaves the company within 45 days. It was further averred that the petitioner left the job on 03/03/2015 without assigning any reason resulting in substantial loss to the company to the tune of Rs.2,00,000.00. It is also averred that to make good the loss a cheque, for a sum of Rs.2.00 lac, bearing No.301736 dated 16/06/2015 was issued by the petitioner in favour of the company, however, the same was dishonoured by the banker with an endorsement- "funds insufficient ". It was also averred that after dishonour of the cheque, the petitioner failed to pay the amount of the cheque, despite statutory demand notice dated 25/06/2015, therefore, she is liable to be punished under Sec. 138 of "The Act ".

(3.) Learned Magistrate, directed issue of summons calling upon the petitioner, to appear before the Court on 28/01/2016.