POONAM SHARMA Vs. KAMAL DEV SHARMA

JUDGEMENT

(1.) The petitioner has sought setting aside and quashing of summoning order dated 16.3.2013 rendered in complaint No. 50/3 of 2013 (RBT No. 147/3 of 2015), pending before the learned Judicial Magistrate Ist Class, Kasauli and all other consequential orders.

(2.) "Key facts" necessary for the adjudication of this petition are that the respondent had cordial and family relations with the petitioner and out of the relationship, the petitioner along with her husband approached him and requested to provide her financial assistance to the tune of Rs. 2,00,000/-. The petitioner issued cheque of Rs. 2,00,000/- bearing No. 011605 dated 10.10.2012 drawn on Bhagat Urban Cooperative Bank Ltd. Chambaghat. The respondent presented the cheque for its encashment through his banker i.e. Central Bank of India, Dharampur Branch. The banker of the respondent sent the same for its collection to the drawee bank but to the utter surprise the cheque was dishonoured by the drawee bank and returned the same as unpaid. The respondent issued a legal notice dated 28.1.2013 to the petitioner which was sent through registered post. Thereafter, the respondent filed complaint under Section 138 of the Negotiable Instruments Act on 13.3.2013 against the petitioner.

(3.) It is apparent from the record that respondent infact has dispatched two legal notices on the same date, one to the petitioner and other to Rajinder Sharma. These were dispatched on 30.1.2013 against postal receipts. However, inadvertently, the notice which was issued to Rajinder Sharma has been placed along with its postal receipt in complaint i.e. complaint No. 50/3 of 2013 (RBT No. 147/3 of 2015). Similarly, in the complaint instituted against the husband of the petitioner, namely, Rajinder Sharma, bearing case No. 49/3 of 2013, the notice which was issued to the present petitioner along with the postal receipt has been annexed.