BALJEET KAUR Vs. TARANDEEP SINGH

JUDGEMENT

(1.) The petitioner has filed present petition under Section 482 Cr.P.C., 1973 for quashing of criminal complaint No. 12851 dated 25.04.2013 (Annexure P-1) under section 138 of the Negotiable Instruments Act, 1881 (for short, the Act) filed by the respondent as well as order dated 25.04.2013 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Ludhiana vide which the petitioner was summoned to face trial.

(2.) Briefly stated, the respondent-complainant had filed a complaint under Section 138 of the Act read with Section 420 IPC. As per the compliant, in order to discharge her liability of loan, the petitioner had issued a cheque No. 161002 dated 05.11.2012 for Rs. 1 lakh in favour of the respondent-complainant drawn on HDFC Bank, 318-L, near Gulati Chowk, Model Town, Ludhiana from her joint account with her husband, namely, Bhupinder Singh. On presentation, the said cheque was dishonoured by the bank with the remarks "Payment stopped by drawer". Thereafter, legal notice was issued to the petitioner-accused, but she failed to make the payment.

(3.) Vide order dated 25.04.2013, learned Judicial Magistrate 1st Class, Ludhiana had summoned the petitioner-accused to face trial under Section 138 of the Act.