NARESH ARORA Vs. SULAKSHAN BRAMTA BALI

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of complaint no. 990/16 dated 09.02.2016 (Annexure P-2) and summoning order dated 11.02.2016 in a complaint under Section 138 of Negotiable Instruments Act, 1881 (later referred to as ''the Act'') titled as 'Ms. Sulakshna Brama Bali vs. Naresh Arora, pending in the Court of Judicial Magistrate Ist Class, Chandigarh along with all subsequent proceedings arising therefrom.

(2.) Complainant-respondent filed complaint against accused- petitioner for offence punishable under Section 138 of ''the Act'', in which he was summoned by learned Judicial Magistrate Ist Class, Chandigarh vide order dated 11.02.2016.

(3.) As per allegations in the complaint, petitioner with mala fide intention trapped respondent with an offer to join as Project Director and Resident Editor in their Chandigarh office at SCO Nos. 371-373, Cabin Nos. 7-8, Sector 34-A, Chandigarh, in which her friend, namely, Gunjeet Kaur, was already a partner with him. It was presented that petitioner had a 1 of 8 large scale business and earning high profits. He is also having links with big corporate and business houses of Surat and political authorities at State and National level. He also apprised her about his property at Noida Highway and his plan to expand his business. After winning trust of respondent, petitioner asked her for a friendly loan for business with a promise to return the same. He assured respondent of designating her as director in his new firm and appointed her as director of firm M/s Design Boxed Creative's India Pvt. Ltd., in which Gunjeet Kaur and petitioner were also directors. She, however, resigned as there was no transparency on finances, company's standing, projects and other important issues. She had given a huge amount of Rs.1,70,00,000/- to petitioner on various occasions. After persistent efforts to get back her loan amount, petitioner dishonestly and with mala fide intention issued cheque no. 000382 to respondent at his office M/s Design Boxed Creative's India Pvt. Ltd. for a sum of Rs.1,70,00,000/- drawn on Kotak Mahindra Bank, Surat. The cheque, when presented, was received back with endorsement 'Payment Stopped by Drawer'. A legal notice dated 26.12.2015 was issued on 30.12.2015 but the payment was not made leading to filing of complaint under Section 138 of 'the Act'.