SATI RATTNAM ARVINDAN Vs. KASTURI LAL

JUDGEMENT

(1.) The present petition has been made by the Petitioner, Mrs. Sati Rattnam Arvindan, under Section 482, Code of Criminal Procedure, read with Article 227 of the Constitution of India, for quashing of the complaint, being No. 340-1/99 pending in the Court of Chief Judicial Magistrate, Mandi, filed by the Respondent against the Petitioner for her prosecution for the offence under Section 138, Negotiable Instruments Act, 1881 (for short : the Act).

(2.) Briefly stated, the facts giving rise to the present petition are these. The Respondent, a resident of Mandi, is a Senior Executive of Messrs. Golden Forests (India) Ltd., whose office is also located at Mandi. In the year 1997 the Petitioner was the Development Advisor of the said company from Gujarat and as such, was known to the Respondent. Some land was required for the company at Baroda (Gujarat). The Petitioner promised to manage for such land and agreed to purchase the same in the name of the company. For the purpose of purchase of such land a sum of Rs. 6,50,000 was sent to the Petitioner on 28.5.1997 vide a bank draft. The bank draft was duly encashed by the Petitioner. However, she failed to purchase the land in the name of the company as undertaken by her. On repeated demands, the Petitioner remitted the amount of Rs. 6,50,000 to the Respondent by way of a post dated cheque dated 2.5.1999 drawn in favour of the Respondent and on Central Bank of India, Nizampura (Baroda) in respect of her account No. 14244. This cheque was sent in discharge of her liability in respect of the amount received by her earlier. The cheque was deposited by the Respondent on 31.5.1999 with his bankers, namely, Union Bank of India, Mandi, for collection. The cheque on having been presented at Central Bank of India, Nizampura by the bankers of the Respondent vide memo dated 9.6.1999 was returned as dishonoured on the ground that the Petitioner had closed her account. The memo dated 9.6.1999 returning the cheque as having been dishonoured was received by the Respondent on 15.6.1999. The Respondent, thereafter, sent a notice dated 22.6.1999 through registered A.D. cover as well as under certificate of posting, calling upon the Petitioner to pay the amount of the cheque within 15 days from the receipt of the notice. A copy of the notice was also sent to the Petitioner through courier. The Petitioner, however, refused to accept the notice sent to her through courier. The notice sent to the Petitioner under registered cover was served on her on 1.7.1999. Since the Petitioner failed to pay the amount within the stipulated period of fifteen days, a complaint was filed against her before the Chief Judicial Magistrate on 9.8.1999 for her prosecution for the offence under Section 138 of the Act.

(3.) In response to the notice issued to her, the Petitioner put in appearance before the learned Magistrate on 20.5.2000.