Shailza Jadack vs Bal Krishan Rawat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 130

JYOTSNA REWAL DUA
Shailza Jadack – Appellant
Versus
Bal Krishan Rawat – Respondent

Advocates Appeared:
For the Petitioner: Mr. B.N. Sharma, Mr. Vinod Sharma and Ms. Mamta Bhatwan.
For the Respondent: Mr. Janesh Gupta.

JUDGMENT :

The petitioner is accused in the complaint instituted by the respondent under Section 138 of the Negotiable Instruments Act (in short ‘N.I. Act’). She has invoked the restrictive jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (Cr.PC) for quashing of this Complaint bearing No.20-3 of 2016 (Bal Krishan Rawat Versus Shelja Jadack) pending before the learned Judicial Magistrate 1st Class, Jubbal, District Shimla.

2. Facts in brief:-

2(i). The respondent preferred complaint under Section 138 of the Act on 14.06.2016. Petitioner was accused therein. The averments in the complaint are that the petitioner/accused was in contact with the respondent/complainant. In May, 2012, the petitioner requested the respondent to lend her a sum of Rs.20 Lakh. The complainant was promised early return of the loan amount by the petitioner. The respondent/complainant had accordingly lent Rs.20 Lakh to the petitioner. For discharging this liability, the petitioner/accused issued post-dated Cheque bearing No.179728, dated 01.08.2012, for Rs.20 Lakh drawn from State Bank of India, Shimla in favour of the respondent/complainant.

2(ii). It was further stated in the complai

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