KULJIT KAUR Vs. KULDEEP SINGH AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of above titled two petitions under Sec. 482 Cr.P.C., for quashing of Criminal Complaint Nos. 12/2 and 13/2 both dtd. 29/4/2013 (Annexure P-1) under Sec. 138 of the Negotiable Instruments Act (for short-'the Act'); summoning orders dtd. 2/11/2013 (Annexure P-2) of the learned Sub Divisional Judicial Magistrate, Samrala and notices dtd. 21/1/2014 (Annexure P-3) and all the subsequent proceedings arising therefrom. For brevity, the facts are being extracted from CRM-M-11358-2014.

(2.) Put pithily, petitioner and respondent No. 1-Kuldeep Singh are real sister and brother. Respondent No. 1, filed two complaints under Sec. 138 of the Act, against his sister-Kuljit Kaur (petitioner herein) for issuance of two cheques of Rs.25,00,000.00 each bearing Nos. 021590 and 021591, both dtd. 18/3/2013, which on presentation were returned by the Bank for "insufficient funds". The trial Court after recording preliminary evidence, summoned the petitioner vide impugned order dtd. 2/11/2013 (Annexure P-1) passed separately in each complaint. After appearance of petitioner, notice of accusation dtd. 21/1/2014 (Annexure P-2) was served upon the petitioner.

(3.) Learned counsel for the petitioner inter alia contends that petitioner and respondent No. 1 being real sister and brother had obtained joint loan of Rs.8,00,000.00 each, in lieu of family settlement amongst them. On the pretext of securing the loan amount, respondent No. 1-Kuldeep Singh, had obtained 16 cheques from the petitioner and dishonestly kept 2 cheques duly signed by the petitioner. Thereafter, fraudulently filling the amount of Rs.25,00,000.00 in each cheque, respondent No. 1 presented the same to the Bank and filed false complaints. In fact, no such cheques were ever issued by the petitioner to respondent No. 1. Therefore, on receipt of legal notice dtd. 28/3/2013 (Annexure P-5) from respondent No. 1, the petitioner got lodged FIR No. 74 dtd. 20/7/2013 (Annexure P-7) under Ss. 420, 467, 468 and 471 IPC, Police Station Doraha, Police District Khanna, District Ludhiana, against respondent No. 1 for committing fraud and cheating with her. The police after due investigation has filed final report under Sec. 173(2) Cr.P.C. against respondent No. 1 and as on date, trial is pending against him. In the reply dtd. 5/4/2013 (Annexure P-6) to the legal notice Annexure P-5 also, the petitioner took all the aforesaid pleas refraining respondent No. 1 not to commit any fraud and cheating with her. The trial Court while issuing summoning order and serving notice of accusation (Annexures P-2 and P-3, respectively) upon the petiitoner erroneously did not consider the aforesaid FIR (Annexure P-7) got lodged by the petitioner against respondent No. 1 as well as reply Annexure P-6 to the legal notice of respondent No. 1. If the trial Court would have considered the above documents, in that eventuality, it must have dismissed both the complaints primarily. The trial Court also failed to appreciate that respondent No. 1 had filed both the complaints by concealing true facts from it.