RAJDAVINDER KAUR Vs. MULKH RAJ

JUDGEMENT

(1.) The petitioner is seeking quashing of order dtd. 30/10/2024 (Annexure P-22), passed by the Court of learned Judicial Magistrate First Class, Nabha in Criminal Complaint bearing No. COMA/166/2018, tiled as Dr. Mulkh Raj vs. Harjeet Singh and others, filed under Ss. 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act'), whereby an application moved by the petitioner seeking her discharge, had been dismissed.

(2.) Brief facts relevant for the purpose of disposal of this petition are that the aforementioned complaint has been filed by respondent No. 1/complainant against the petitioner, her husband Harjeet Singh and M/s Guru Ram Dass Agro Industries and Implements (for short 'firm') on the allegations that the petitioner and her husband, who were partners in the firm, had insisted him to provide financial help. Respondent No.1 had given a cheque for a sum of Rs.5.00 Lakhs to them in December, 2013 and cash amount of Rs.3.00 Lakhs in March, 2014. They had subsequently induced him to get collateral guarantee given by one farmer to them to the tune of Rs.14.50 Lakhs on the representation that on release of such guarantee, the farmer would return the aforementioned amount to them and he would return the amount of Rs.8.00 Lakhs payable by him to respondent No. 1. They also issued 8 cheques to the tune of Rs.8.00 Lakhs in favour of respondent No. 1. Those cheques were presented on 28/12/2017 for realization but had been dishonoured. The petitioner and other accused failed to pay the amount of cheques in question even after issuance of legal notice, thereby compelling respondent No. 1 to file the complaint.

(3.) After presentation of the complaint, preliminary evidence was recorded by the jurisdictional Magistrate and vide order dtd. 1/3/2018, the petitioner along with co-accused i.e. respondents No. 2 and 3 was ordered to be summoned as accused to face trial for commission of aforementioned offence.