SARITA KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") has been filed by the petitioners for quashing the order dated 22nd April, 2008 passed by Sri R. Narain, Judicial Magistrate, 1st Class, Jamui in Complaint Case No.565 (C) of 2006 by which he has taken cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") and summoned the petitioners to face the trial.

(2.) The opposite party no.2 Madan Kumar filed the aforesaid complaint in the Court of Chief Judicial Magistrate, Jamui on 13th July, 2006 alleging therein that the petitioner no.1 had taken a loan in various parts on various dates amounting to a total sum of Rs.7,50,000.00 from him for the purpose of installing and operating a petrol pump and on promise that the same would be returned at the earliest. The operation of the petrol pump commenced in the month of April, 2005, but the petitioner no.1 failed to return the amount taken from the complainant. The complainant demanded back the amount in question upon which the petitioner no.1 issued two cheques on 15th June, 2006 drawn on the State Bank of India, Aliganj Branch. The said cheques were for Rs.3,50,000.00 and Rs.4,00,000.00 respectively. The complainant deposited the said cheques on 15th June, 2006 and on the same day both cheques were dishonoured by the Bank on the ground of "insufficient funds".

(3.) It has further been alleged that the complainant met the petitioner no.1 on 18th June, 2006 and informed her that the cheques issued by her had been dishonoured by the Bank as such she should take back the cheques and pay him in cash. This caused annoyance to the petitioner no.1. She became furious and refused to oblige the complainant. Thereafter an altercation took place between the complainant and the petitioner no.1 and the petitioner no.1 called her father, whereafter her father also came and both of them told the complainant to leave the house forthwith.