NANCY BHAKOO Vs. GULZAR SINGH

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of the criminal complaint No. 259/2 of 17.11.2001 along with all consequential proceedings arising out of the said complaint including the summoning order dated 10.04.2002.

(2.) The brief facts, as recorded by the Illaka Magistrate, Ludhiana, are that "the complainant is a retired Government servant. The accused who is well known to the complainant approached the complainant for loan and took a loan of Rs. 50,000/- from complainant and complainant issued a cheque for Rs. 50,000/- having No. 023147 dated 16.05.2000 from his account in Punjab and Sind Bank Ghumar Mandi, Ludhiana. This amount was given to the accused on interest. The accused agreed to return the above said amount with interest at the earliest. The complainant approached the accused for return of his money and the accused in order to discharge his legal liability partially gave a cheque No. 130074 dated 28.09.2001 for Rs. 50,000/- from his account No. 101721 of Oriental Bank of Commerce, Sarabha Nagar, Ludhiana. The accused while giving the cheque assured the complainant that the cheque will be honoured on its presentation in the Bank. The complainant deposited the said cheque in his account in Punjab and Sind Bank, Ghumar Mandi, Ludhiana. The said cheque was dishonored as there was not sufficient funds in the account of accused to honour the said cheque. The dishonored cheque along with memo that funds are insufficient was received by the complainant on 19.10.2001. Thereafter, the complainant issued registered notice dated 24.10.2001 to accused on his known correct address calling upon him to make the payment within 15 days but inspite of the notice the accused has failed to made the payment of the said cheque. Hence the present complaint."

(3.) While issuing notice of motion, this Court vide Order dated 24.04.2009, recorded as under: