NISHA D.SARAF Vs. RAKESH KUMAR MADHAR

JUDGEMENT

(1.) RAKESH Kumar Madhar filed a complaint under Sec tion 138 of the Act that he had advanced Rs. 5,00,000/- as loan to Deepak S.Saraf. In the month of February,2004, a cheque bearing No. 682290 dated 15.8.2004 for a sum of Rs.8334/- drawn on Global Trust Bank Ltd. Mumbai was issued by Nisha D.Saraf wife of Deepak S.Saraf in favour of the complainant. When the said cheque was presented for encashment with the Bank, the same bounced due to insufficient funds. Memo dated 21.8.2004 was sent by the Bank in this regard. Thereafter, the complainant served a legal notice on the accused dated 31.8.2004 which was received by her on 4.9.2004. Hence, complaint was filed.

(2.) PETITIONER -Nisha D. Saraf has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of complaint (Annexure PI) dated 20.9.2004 under Section 138 of the Crl. Misc. M No. 1222 of 2009 -2- Negotiable Instruments Act, 1881 ('the Act' for short) pending in the Court of Judicial Magistrate First Class Jalandhar and all consequential proceedings arising there from.

(3.) LEARNED counsel for the petitioner has submitted that after the receipt of notice, reply was sent by the petitioner on 11.9.2004 (Annexure P3) along with demand draft No. 281660 dated 11.9.2004. Despite this, the complaint has been filed just to harass the petitioner by the respondent.