ANJANA KUMARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The complainant filed a complaint (Annexure P-4) before the learned Trial Court against the petitioner and respondent no. 3 for the commission of an offence punishable under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act.(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)It was asserted that Himalyan Mahila Avam Jan kalyan Sansthan H.O. Basi, Hamirpur is registered under the Society Registration Act, 2006. Accused no. 1 is the Chairman and accused no.2 is the Secretary of the Society. The Society had taken a loan of ' 1 lac from the complainant and assured him to return the same on demand. The complainant is an employee of the Society. The Society did not pay his salary for 14 months. The complainant requested the society to pay the money due to him and the Society issued a cheque for ' 5 lac in discharge of its legal liability. The complainant presented the cheque for its realisation but it was dishonoured. Hence, the complaint was filed for taking action against the accused.

(2.) The learned Trial Court found sufficient reasons to summon the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) Being aggrieved from the filing of the complaint and the order summoning the accused, the petitioner approached this Court for quashing of the complaint and the summoning order. It was asserted that no salary was fixed. The Society is a non-governmental organization/NGO and is working on a no-profit and no-loss basis. The NGO paid the amount due to the complainant. The cheque was signed by accused no. 1 and 2 in their official capacity. The Society was not made an accused and the complaint was filed only against the office bearers of the Society. A complaint against the office bearers without impleading the Society is not maintainable. Therefore, it was prayed that the present petition be allowed and the complaint as well as the summoning order be quashed.