SUSEMMA BIJOY Vs. MOHINDER KUMAR GULERIA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Criminal Procedure Code read with Article 227 of the Constitution of India for quashing order dated 23.2.1992, passed in a Criminal Complaint under Section 420 of the Indian Penal Code, filed by the respondent-complainant, whereby the petitioner was summoned.

(2.) The complaint filed by the respondent complainant was that the petitioner had started a public school, named, St. Thomas Public School, Ner Chowk and had taken on rent the premises belonging to his sister, namely, Smt. Satya Sen at a monthly rent of Rs. 2100/-. The petitioner surrendered the possession of the premises on 18.4.1991 and issued advance cheque bearing No. 293945 dated 26.4.199 1 for Rs. 10,000/- drawn on. Central Bank of India, Sundemagar, in lieu of past rent due from her. The cheque was not encashed and the allegations of the respondent complainant are that the petitioner has cheated him, as at the time of issuing the cheque she knew that there was no money in her bank account. The statement of respondent-complainant was also recorded in support of his complaint. Thereafter, on 27.2.1992, the Judicial Magistrate passed the following order: 27.2.1992 Present: Complainant with counsel Sh. J.S. Chauhan. I have perused the allegations set forth in the complaint, statement of the witness and also heard the Id. counsel for the complainant. In my view, there are sufficient grounds to proceed against the accused for the offence U/S 420 I.P.C. Let the accused be summoned (or the aforesaid offence for 20.3.1991.

(3.) The petitioner did appear before the Judicial Magistrate and submitted personal bond in the sum of Rs. 3,000/- and a surety in the like amount, as ordered. Lateron, when the lady who stood surety for the petitioner, withdrew her surety, the petitioner has deposited a cash amount of Rs. 3,000/- on 2.6.1992. Thereafter, she has filed the present petition in which further proceedings in the trial court were stayed on 30.1.1992.