KUMARI SUNITA CHARAK Vs. AJAY KUMAR SHARMA

JUDGEMENT

(1.) ORDER :- This is a petition filed at the instance of Kumari Sunita Charak, hereinafter referred to as the accused for quashing the proceedings under Section 138 of the Negotiable Instruments Act, initiated by Ajay Kumar Sharma, hereinafter referred to as the Complainant, which are pending in the Court of Judicial Magistrate, Billawar.

(2.) Facts as they emerge from the petition and the documents attached with it are by and large brief, which are noticed hereinafter.

(3.) As per complainant, a Cheque in the sum of Rs. 20,000/- was issued by the accused in his favour, when presented for encashment, it was dishonoured by the Banker of the accused on 30-6-1998, intimation regarding such dishonour was received by the complainant on 3-7-1998. No action was initiated by him nor any notice of dishonour was issued. Cheque was again represented for encashment. This was again dishonoured by the Banker of the accused on 12-8-1998. Intimation in this behalf was received by the complainant on 24-8-1998. A notice of dishonour as also calling upon the accused to make the payment was also issued on 2-9-1998 by the complainant. Finally, the complaint under Section 138 of the Negotiable Instruments Act was filed before the trial Magistrate on 9-9-1998. After the preliminary evidence had been recorded by the trial Court and on its being satisfied that a prima facie case under Section 138 of the Negotiable Instruments Act is made out against the accused, summoning order was passed against him. Petitioner has questioned that summoning order in the present proceedings.