RITA KHANNA Vs. R S TRADERS

JUDGEMENT

(1.) RITA Khanna, wife of Shri Raman Khanna, has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the summoning order dated May 13, 1992, passed by the Judicial Magistrate I Class, Amritsar, for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881.

(2.) BRIEFLY, the facts as alleged are that R. S. Traders supplied the yarn to Super Textiles, Golden Temple Road, Amritsar, on November 9, 1990, and a cheque for Rs. 10,000 was drawn by Smt. Rita Khanna, dated June 6, 1991, on Canara Bank, Amritsar. The aforesaid cheque was dishonoured with the remarks "funds insufficient" on June 7, 1991, June 8, 1991, and June 21, 1991, and, thereafter, on December 3, 1991. It was, thereafter, that the complainant served a notice under Section 138 of the Negotiable Instruments Act on December 16, 1991, and, thereafter, instituted the complaint. After recording the evidence of a clerk of the Canara Bank and the complainant the trial court issued the impugned summoning order.

(3.) THE plea of the accused had been that the sale of yarn took place on November 9, 1990, and a cheque dated June 6, 1991, for Rs. 10,000 drawn on the Canara Bank, Amritsar, was issued towards part payment. When this cheque was dishonoured on June 7, 1991, June 8, 1991, and June 21, 1991, the complainant approached the accused and another cheque of Rs. 8,000 dated August 20, 1991, from the sister concern of the firm, namely, Raman Woollen and Silk Mills, was given to the complainant and it was actually encashed. It has further been averred that the petitioner subsequently paid cash sums at two occasions and its own suit for recovery of excess payments, is pending in the Court of Sub-Judge I Class, Amritsar, where the last date fixed was September 15, 1992.