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2022 Supreme(P&H) 1936

AMAN CHAUDHARY
Tanvi Garg – Appellant
Versus
Rajat Gupta – Respondent


Advocates appeared:
Mr.SS Narula, Advocate, for the Appellant; Mr.Sumeet Goel, Sr. Advocate with; Mr.Samir Rathore, Advocate, for the Respondent

JUDGMENT

Aman Chaudhary, J. - The present petition under Section 482 Cr.P.C. has been filed seeking quashing of complaint No.6642 dated 16.07.2015, titled as 'Rajat Gupta vs. Tanvi Garg' under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'), order dated 16.07.2015, Annexure P-2, passed by learned trial Court and order dated 19.09.2016 passed by learned Additional Sessions Judge, Chandigarh.

2. Briefly put, the facts as emerge from the complaint are that the complainant-respondent was stated to have been seeking guidance and instructions from the father of the petitioner for his preparation for civil services examination and interview. During that period, on a request made by the petitioner, he advanced a friendly loan to her. The cheque dated 02.06.2015, was issued for the discharge of the said liability, but on presentation thereof, it was dishonoured with remarks 'insufficient funds' vide memo dated 15.6.2015. This led to serving a legal notice dated 19.06.2015, sent through registered post of even date. Thereafter, complaint was filed on 13.07.2015, under Section 138 NI Act.

3. Learned counsel for the petitioner would contend that the summoning order has be

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