YARI TOK Vs. STATE OF A. P.

JUDGEMENT

(1.) Heard Ms. N. Anju, learned Amicus Curiae for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh. None appears for the respondent no. 2, despite service of notice.

(2.) This is an application under Sec. 482 of the Cr.P.C., 1973 praying for quashing of the F.I.R. registered as Nirjuli P.S. Case No. 48 of 2021 under Ss. 417/420 of the IPC, 1860 read with Sec. 138 of Negotiable Instruments Act, 1881.

(3.) The case emanates from an F.I.R. lodged by the respondent no. 2, namely, Shri Nich Serbi, on 17/6/2021 before the Officer-in-Charge, Nirjuli Police Station, alleging that he had given a loan of Rs.9,90,000.00(Rupees Nine Lakhs Ninety Thousand) only to the petitioner on 26/1/2020. The said loan was taken by the petitioner on the promise that same would be returned within a month. However, the petitioner did not repay the said loan amount. The respondent no. 2/informant had asked for return of the said loan amount. Since, the petitioner was not in a position to repay the said loan amount, they executed an agreement on 2/10/2020, wherein, she had agreed to repay the amount within 5/10/2020. Despite such agreement, the petitioner did not return the said loan amount and started avoiding the respondent no. 2. It is alleged that after much persuasion by the respondent no. 2, the accused petitioner had issued a cheque in favour of the informant for an amount of Rs.14,00,000.00 (Fourteen Lakhs). On presentation of the cheque issued by the petitioner, the cheque was returned unpaid with a reason of insufficiency of fund in the account of the accused petitioner, in other words, the cheque had bounced.