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2022 Supreme(J&K) 516

SANJAY DHAR
Tamanna – Appellant
Versus
Khushmeela – Respondent


Advocates appeared:
M/s :- Aatir Kawoosa & Areeb Kawoosa, Advocates., for the Appellant; Mr. N.A. Ronga, Advocate., for the Respondent

JUDGMENT

1. The petitioner has challenged the complaint filed by the respondent against her for offences under Section 138,read with Section 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:

S.No.

Cheque no

Date

Amount

S.No.

Cheque no

Date

Amount

1.

532233

10.12.2020l

RS. 10,00,000/

1.

532233

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