NEENA MAHENDRU Vs. PAL INFRASTRUCTURE SOLUTIONS

JUDGEMENT

(1.) This is a petition under section 561-A Cr.P.C. seeking quashing of proceedings against the petitioner in a complaint for offence under section 138 of the Negotiable Instruments Act (for the Act) filed by herein respondent and the summoning order dated 3.10.2013, whereby learned trial Magistrate has issued process against the petitioner.

(2.) Facts, which are relevant, briefly, are that in the complaint, respondent (complainant) has arraigned M/S R. N. Buildtech Pvt. Ltd. as accused No.1 and petitioner, Neena Mahendru, as accused No.2. Accused No.1 is said to be a company and has been arraigned through one Suraj Mahendru as its Managing Director. Petitioner (accused No.2) has been arraigned in her capacity as a Director of the company. Case set up by the respondent in the complaint, briefly, is that both the accused persons are managing the affairs of the company and they had approached the respondent for purchase of various spare parts. In order to discharge a liability of Rs. 8, 28,282/ incurred by the accusedcompany as cost of spare parts and service charges supplied by the respondent, the company issued two cheques, being cheque No. 613283 dated 22.07.2013 valuing Rs. 2, 19,820/ and cheque No. 624011 dated 03.08.2013 valuing Rs. 6, 08,462/ in favour of the respondent. The cheques were drawn at J&K Bank Branch, Shalamar Road, Jammu. Both the cheques, however, were dishonoured by the Bank due to "funds insufficient".

(3.) On the complaint coming up before the court of learned Special Mobile Magistrate, Electricity, Jammu, on 30.10.2013, learned Magistrate recorded preliminary statement of the respondent (complainant) and by his order of the even date issued process against both the accused for proceeding against them for commission of offence under section 138 of the Act.