NISHA Vs. DHARAMPAL

JUDGEMENT

(1.) These seven petitions under Section 482 of the Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C.') are filed for quashing of complaints under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as 'Act']. The detail of complaints are tabulated as under:-

(2.) The relevant facts necessary for adjudication are that marriage of petitioner was solemnized with Arun Mittal son of Babu Ram Mittal on 2nd February, 2012. Shortly after marriage, petitioner alongwith her husband went to USA and started residing there. They were blessed with a son on 23rd February, 2016. During her short stay in India after marriage, petitioner opened a bank account No. 32185162677 in the State Bank of India on 10th February, 2012. From June, 2015 onwards, their matrimonial relation faced rough weather. After coming back to India, petitioner and her husband indulged into matrimonial litigation. Husband filed a divorce petition whereas petitioner filed petition for maintenance, complaint of domestic violence and demand of dowry.

(3.) As per the complaint, the petitioner borrowed an amount of Rs.9,50,000/- in January, 2017 from Dharampal-complainant (respondent No.1) on assurance given by her brother-Munish and one Jeevan about her returning money. She issued a cheque No. 000030, dated 18th April, 2017 amounting to Rs.9,50,000/- drawn on State Bank of India, Subhash Colony, G.T. Road, Panipat Branch. On presentation, the cheque was dishonoured on 26th April, 2017 with the remarks "Funds Insufficient". Legal notice dated 12th May, 2017 was served, petitioner replied to the same. On failure to pay the amount, a complaint was filed in the Court of Judicial Magistrate 1st Class, Panipat [hereinafter referred to as 'trial Court'], vide order dated 1st June, 2017, petitioner was summoned.