GULSHAN KUMAR Vs. ALAKA ARORA

JUDGEMENT

(1.) THIS is a petition for quashing of the complaint dated 7. 11. 2001 and the consequent summoning order dated 16. 7. 2003. The complaint was preferred by the respondent No. 1 against the petitioner under the provisions of Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') and Sections 406, 420 and 120-B read with Section 34, IPC.

(2.) THE petitioner has referred to the complaint Annexure P. 1 wherein it has been averred by the complainant that she had made a deposit of rs. 2 lakh in total spread over a period of 40 months by paying in installments of Rs. 5,000/- each month. The amount was paid to the petitioner for organizing a committee. The complainant demanded the return of her money after the completion of 40 months period. It is averred that the petitioner told her that the amount has already been paid to Hardeep Singh Chawla, who has also been arrayed as accused no. 1 in the complaint. The complainant thereafter Insisted that her amount be returned and upon this Hardeep Singh Chawla, who is accused No. 1 in the complaint, issued a cheque bearing No. 766015 dated 6. 10. 2001 for a sum of Rs. 2 lakh drawn on the Oriental Bank of commerce, Miller Ganj, Ludhiana from Account No. 303138. The account is stated to be in the name of M/s. Kaka Iron Store. The said cheque, however, was returned by the bank with an endorsement that the payment of the cheque has been stopped by the drawer.

(3.) IT has further been averred in para 6 of the complaint as follows: 6. That when accused No. 2 was confronted with the said dishonour of the cheque given by accused No. 1 in discharge of the aforesaid liability, accused No. 2 acknowledged the liability vide a writing/affidavit dated 13. 10. 2001.