TAMANNA Vs. KHUSHMEELA

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by the respondent against her for offences under Sec. 138,read with Sec. 142 of Negotiable Instruments Act (hereinafter, for short "the NI Act"), which is stated to be pending before the Court of Judicial Magistrate, 1st Class (Judge Small Causes), Srinagar (hereinafter referred to as the trial Magistrate).

(2.) It appears that the respondent has filed a complaint against the petitioner before the trial Magistrate alleging therein that the petitioner and her husband had approached her for a loan, for the purpose of setting up her business, as she was facing financial hardships. It is alleged in the impugned complaint that a total amount of Rs.62.00 lacs was advanced by the respondent/complainant to the petitioner and for repayment of the said amount, the petitioner issued seven cheques in favour of the respondent/complainant. The details of these cheques, as given in the complaint, are as under:

(3.) It is further alleged in the complaint that the petitioner/accused filed a suit against the respondent/complainant, seeking an injunction that the respondent should not make any demand of money from her. According to the complainant, this was done by the accused in order to avoid the payment. The complainant, thereafter, presented the aforesaid seven cheques for payment before the J&K Bank Branch Mehjoor Nagar on 16/2/2021, but all the seven cheques were returned unpaid for 'insufficiency of funds' vide seven separate memos. The respondent/complainant is stated to have issued a notice of demand, which was sent to the petitioner/accused through registered post on 26/2/2021, but despite receipt of the said notice, the petitioner/accused did not pay the cheque amount within the statutory period, which compelled the respondent/accused to file the impugned complaint.