SUNITA CHAUDHARY Vs. SANDEEP GROVER

JUDGEMENT

(1.) THE complainant is in revision against the order dated 21.8.2007 passed by learned Sessions Judge, Shimla in Cr.Rev. Petition No.21-S/10 of 2007 setting aside order dated 27.6.2005 of learned Judicial Magistrate Ist Class, Court No.3, Shimla in Complaint No.205/3 of 2005 and quashing all other subsequent proceedings in complaint No.205/3 of 2005.

(2.) THE facts in brief as emerge from the complaint are that Smt. Sunita Chaudhary petitioner filed a complaint against respondent Sandeep Grover under Section 138 of the Negotiable Instruments Act, 1881 on account of bouncing of cheque dated Whether the reporters of the local papers may be allowed to see the Judgment? Yes 13.12.2004 of Rs.1,00,000/- issued by respondent in favour of the petitioner.

(3.) THE cheque was presented by the petitioner for encashment through her banker i.e. State Bank of Patiala, The Mall Shimla on 29.12.2004, but on presentation, the cheque was returned by the banker of the respondent i.e. Syndicate Bank, The Mall Shimla to the banker of the petitioner vide memo dated 30.12.2004 with remarks 'Account is closed' . The petitioner received the information of not honouring the cheque on 8.1.2005 through registered letter of her banker along with cheque returning memo dated 5.1.2005. The petitioner on receiving the intimation of non-encashment of the cheque got issued notice dated 29.1.2005 to respondent but respondent did not make payment of Rs. 1,00,000/- to the petitioner. On these grounds the petitioner filed the complaint under Section 138 of the Act against the respondent.