NISHA RANI Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of Complaint No. 1246/2/10, instituted on 16.7.2010, titled as 'Gulshan Rai Bhalla v. Nisha Rani' (Annexure P-1), under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'the Act'); summoning order, dated 16.7.2010 (Annexure P-2); the order, dated 4.2.2011 (Annexure P-3), serving notice of accusation; the notice of accusation, dated 4.2.2011 (Annexure P-4); and the consequential proceedings arising therefrom.

(2.) The brief facts of the case are that respondent No. 2- complainant, Gulshan Rai Bhalla, had friendly relations with the petitioner-accused, Nisha Rani. A friendly loan of Rs. 5,00,000/- was obtained by the petitioner-accused from respondent No. 2- complainant. In discharge of her financial obligation and legally enforceable debt, the petitioner-accused issued three cheques, bearing Nos. - 640038, dated 9.3.2010, for Rs. 1,10,000/-; 640039, dated 1.4.2010, for Rs. 1,51,000/-; and 640040, dated 27.4.2010, for Rs. 2,00,000/-, as part payment, all drawn on ICICI Bank Limited, Adarsh Nagar Branch, Jalandhar, from her account with an assurance that the said cheques would be honoured and encashed on presentation. Respondent No. 2-complainant presented Cheque No. 640040, dated 27.4.2010, for a sum of Rs. 2,00,000/-, for encashment to his banker i.e. IDBI Bank, Cool Road Branch, Jalandhar. However, the said cheque bounced and returned to respondent No. 2-complainant vide Memo. dated 28.4.2010, with the remarks "Funds Insufficient". Respondent No. 2-complainant approached the petitioner-accused and told her about the bouncing of the above-stated cheque. Thereupon, the petitioner-accused assured respondent No. 2-complainant that he should present the cheque once again, but again the said cheque was returned vide Memo. dated 31.5.2010, with the remarks "Funds Insufficient".

(3.) After completing the formalities of issuing notice etc., respondent No. 2-complainant presented the complaint (Annexure P-1) before the learned Area Judicial Magistrate, Jalandhar. Preliminary evidence was led and thereafter vide order dated 16.7.2010 (Annexure P-2), learned Judicial Magistrate Ist Class, Jalandhar, summoned the petitioner-accused for having committed the offence punishable under Section 138 of the Act. On appearance of the petitioner-accused, learned Trial Court vide its order dated 4.2.2011 (Annexure P-3), ordered that the notice of accusation for the offence punishable under Section 138 of the Act be served upon the petitioner-accused. Consequently, the notice of accusation (Annexure P-4) was served upon the petitioner-accused.