BHIM SINGH Vs. TIKMI DEVI

JUDGEMENT

(1.) Petitioner, in present petition filed under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.'), has assailed order dtd. 5/9/2020, passed by Judicial Magistrate First Class, Court No.5, Shimla, in case No.57-3/2020, titled as Tikmi Devi v. Bhim Singh, whereby learned Magistrate has proceeded against him for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and issued summons for his service.

(2.) It is case of the complainant-respondent that she, on request of accused-petitioner to enable him purchase land at Ner-Chowk Mandi, had paid amounts to him on different dates and for discharge of his liability to return the same, petitioner had issued two cheques dtd. 25/3/2020 and 20/3/2020, for Rs.3,30,000.00 and Rs.4,50,000.00 respectively. The said cheques, on presentation by the respondent-complainant for collection, on 25/6/2020, were dishonoured for insufficiency of funds. Thereafter, on 18/7/2020, Legal Demand Notice was issued to the accused-petitioner by the complainant-respondent, through her counsel, requesting him to pay Rs.7,80,000.00 within 15 days of receipt of the notice. On failing to pay the amount of cheques, within 15 days of receipt of the Demand Notice, complaint was preferred in the Court.

(3.) Case of the accused-petitioner is that he was not having any social or any other relation with the complainant-respondent or her family members, but he was an authorized Marketing Agent of Financial Institutions/Banks, on commission basis, for promoting Mutual Funds and Bonds of the Institutions/Banks and in such course he came in contact of respondent and she had invested in Mutual Funds of ICICI Prudential, State Bank of India and SAMRUDDHA Jeevan Foods India Ltd., and from Mutual Funds of ICICI Prudential and State Bank of India, respondent is getting returns ranging from 15% to 18% per annum, however, with respect to amount of Rs.4,00,000.00, invested in the Bonds of SAMRUDDHA Jeevan Foods India Ltd., some problem has arisen as the Company has been restricted from Investment Trading and criminal actions, under law, have also been initiated against the said Company for aforesaid irregularity which are pending in the Courts. In this regard, petitioner has placed on record Newspaper cutting as Annexure P-6.