CHABI BHORALEE @ CHABBI BHORALEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure, 1973, for short, the Code, praying for quashing of order dated 19.06.2009 passed by the learned Sub Divisional Judicial Magistrate No. 2 in C.R. Case No. 2158C/2009 so far as it relates to taking cognizance against the petitioner and issuing process under section 138 of the Negotiable Instruments Act, 1881, for short, the Act and the order dated 25.03.2011 and other subsequent orders where under bailable warrant of arrest was issued against the petitioner.

(2.) The case of the petitioner is that she is one of the Directors of M/s Upasana Builders Pvt. Ltd., hereinafter referred to as Company, which is a private limited company, registered under the Companies Act, 1956, along with her husband, who is the Managing Director of the Company, who manages the affairs of the Company.

(3.) The respondent No. 2 filed a complaint case before the learned Chief Judicial Magistrate, Kamrup under sections 138/141 of the Act, wherein the present petitioner was impleaded as accused No. 3. It is stated that two postdated cheques bearing No. 403411 dated 28.11.2008 for Rs. 17,07,290/- and No. 403412 dated 27.02.2009 for Rs. 19,51,040/-, totaling Rs. 36,58,330/-, which were handed over to the complainant/respondent No. 2 towards discharge of outstanding debt/liability for a loan availed of by the company amounting to Rs. 110 lakhs, when presented within the validity period of the cheques to the bank, were returned on 02.09.2009 for the reason "full cover not received" alongwith return memos.