ORDER :

Petitioner, in present petition filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), has assailed order dated 5.9.2020, passed by Judicial Magistrate First Class, Court No.5, Shimla, in case No.57-3/2020, titled as Tikmi Devi v. Bhim Singh, whereby learned Magistrate has proceeded against him for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) and issued summons for his service.

2. It is case of the complainant-respondent that she, on request of accused-petitioner to enable him purchase land at Ner- Chowk Mandi, had paid amounts to him on different dates and for discharge of his liability to return the same, petitioner had issued two cheques dated 25.3.2020 and 20.3.2020, for Rs.3,30,000/- and Rs.4,50,000/- respectively. The said cheques, on presentation by the respondent-complainant for collection, on 25.6.2020, were dishonoured for insufficiency of funds. Thereafter, on 18.7.2020, Legal Demand Notice was issued to the accused-petitioner by the complainant-respondent, through her counsel, requesting him to pay Rs.7,80,000/- within 15 days of receipt of the notice. On failing to pay th