PRTIBHA DHINGRA Vs. STATE BANK OF INDIA, ROHTAK

JUDGEMENT

(1.) The petitioner seeks quashing of complaint dated 25.10.2010 pending in the Court of Judicial Magistrate Ist Class, Rohtak. The petitioner stands summoned vide order dated 10.2.2011, against which he filed a revision which was dismissed by Addl. Sessions Judge, Rohtak on 11.2.2013.

(2.) The respondent-State Bank of India has filed a complaint against the petitioner alleging that she had issued a cheque No.708355 dated 30.6.2010 amounting to '3.00 lacs drawn on SBI, Model Town, Rohtak in favour of Rahul Electronics to discharge liability of loan. The cheque when presented to its Banker for encashment, was received back with the remarks "that the account is closed". Consequently a notice was sent, but the petitioner did not make the payment. Accordingly, the offence under Section 138 of the Negotiable Instruments Act (for short "the Act") was made out. The Bank has filed the present complaint.

(3.) In support of the complaint, the respondent-Bank has examined PW-1 and tendered the documents and the cheque before the Court. The Court, on the basis of documents which consisted of loan agreement, notice, statement of account, original cheque, returning memo, legal notice etc., has summoned the petitioner to face trial under Section 138 of the Act.