ANJALI KUKAR Vs. M.M. LAL CHHABRA

JUDGEMENT

(1.) Delay condoned. Leave to appeal is granted. CRA-AS- 195-2015 has been assigned by the Registry.

(2.) It would be apposite to give the necessary facts to appreciate the contentions raised on merits. MML Chhabra and his son were named in FIR no.147 registered on 29.03.2003, at Police Station Sector 39, Chandigarh under Sections 406, 498-A IPC, lodged by the daughter-in-law. The respondent at that point was the General Manager in RBI, posted at Mumbai. The daughter-in-law had named her husband Manish, her mother-in-law and father-in-law. The respondent through an acquaintance approached the complainant for filing anticipatory bail applications. Two separate applications were filed through the appellant. The application filed on behalf of the respondent was dismissed on 30.09.2003. Seven days notice was ordered to be given by the Investigating Officer in case the Investigating Officer wanted to arrest the respondent. A separate application had been filed on behalf of Manish which came up for hearing on 01.10.2003 and was dismissed.

(3.) Reverting to the present appeal, the appellant filed a complaint under the Negotiable Instruments Act as the cheque given by the respondent was dishonoured. A statutory notice was given. The respondent failed to pay. The complaint was filed on 04.03.2004. The complainant had pleaded that the accused had given her a cheque of Rs.44,000/- towards the discharge of his liability and there were insufficient funds in the account and he had prior knowledge that the cheque would not be honoured. The notice was sent by registered post. The accused sent his reply through courier and also through email.