SAYA CHAUHAN Vs. ANKUSH ARORA

JUDGEMENT

(1.) Instant petition has been filed assailing impugned order dtd. 15/10/2019 passed by learned Judicial Magistrate First Class, Court No. IV, Shimla whereby an application preferred by petitioner/accused under Ss. 219 and 220 of Code of Criminal Procedure (in short 'Cr.PC') has been dismissed in Complaint No. 250 of 2017 titled as Ankush Arora vs. Saya Chauhan, rejecting the prayer of petitioner/accused to charge with and try the petitioner/accused together in two cases i.e. complaint No. 250 of 2017 titled Ankush Arora vs. Saya Chauhan and complaint No. 251 of 2017 titled M/s Fashion Point Boutique vs. Saya Chauhan.

(2.) For convenience, complainant and accused are being referred in this judgment as per their status in complaint.

(3.) Facts emerging from record in present case, in brief, are that both complaints have been filed by Ankush Arora i.e. complaint No. 250 of 2017 in individual capacity as Ankush Arora and second on behalf of M/s Fashion Point Boutique through its proprietor Ankush Arora i.e. complaint No. 251 of 2017 wherein Ankush Arora is also party as individual as Complainant No.2. According to Complaint No. 250 of 2017, accused Saya Chauhan had issued two cheques for Rs.1,50,000.00 dtd. 10/5/2017 and Rs.1,98,000.00 dtd. 10/5/2017 in order to liquidate her liability of financial assistance extended by complainant Ankush Arora by giving loan to her. As per Complaint No.251 of 2017 she had also issued three cheques amounting to Rs.1,50,000.00 dtd. 25/4/2017, Rs.1,50,000.00 dtd. 29/4/2017 and Rs.1,50,000.00 dtd. 4/5/2017 for discharging her liability towards amount due on account of payment of goods purchased by her from shop of complainant i.e. M/s Fashion Point Boutique. On presentation, all these cheques have been dishonoured.