SANGEETA SAHANI Vs. SURENDRA

JUDGEMENT

(1.) Heard.

(2.) The applicants / accused have filed the present petition under Section 482 of Cr.P.C, seeking quashment of the proceedings of complaint case No.32368/2013, filed by the respondent - complainant.

(3.) According to the respondent, the petitioners are having joint account in ICIC Bank since they are husband and wife. He gave loan of Rs.3,00,000/- to them in the month of February 2013 and they agreed to return the said amount in five months. Thereafter, both have issued the cheque No.128851 of Rs.3,00,000/- dated 9.7.2013, payable from their cheque account. Cheque was signed by the applicant No.2. Thereafter, he presented the said cheque in his account and sent to the petitioner account for clearance, but the same has been returned with the memo that the account is closed. Thereafter, he served a registered notice dt.13.8.2013 demanding Rs.3,00,000/-. When the aforesaid amount was not paid, he filed a complaint case under Section 200 , read with Section 138 of Negotiable Instruments Act before the JMFC, Indore. Vide order dt.1.10.2013, the learned JMFC took the cognizance and issued the grounds to the petitioners. By order dt.18.11.2014, the charges have been framed against both of them. Thereafter, the respondent gave an evidence in the form of affidavit.