THOKCHOM UMAVATI DEVI Vs. CITY COMMERCIAL INVESTMENT CO.PVT
HIGH COURT OF MANIPUR
Thokchom Umavati Devi
City Commercial Investment Co.Pvt
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M.V.MURALIDARAN, J. -
(1.) This Criminal Petition has been filed by the petitioner under Section 482 of Cr.P.C. seeking to quash the proceedings in
Criminal (C) Case No. 796 of 2014 pending on the file of the
learned Chief Judicial Magistrate, Imphal West.
(2.) The respondent has filed Criminal (C) No. 796 of 2014 under Section 138 and 142 of Negotiable Instruments Act read
with Section 420 IPC and under Section 200 of Cr.P.C. against the
petitioner herein praying to take cognizance under Section 138 of
Negotiable Instruments Act and take suitable action against the
petitioner in accordance with law and punish her for the offence
committed and to order payment of compensation out of the fine
amount under Section 357 of Cr.P.C. to the respondent.
(3.) In Criminal (C) No. 796 of 2014, it is stated that the petitioner had borrowed a sum of Rs. 1.40 lakhs from the
respondent on 31.08.2004 and agreed to repay the same with 25
monthly instalments with an interest at the rate of 3.8% per month.
When the respondent requested the petitioner to repay the
amount with accrued interest on 13.10.2014, the petitioner had
given a cheque to the respondent and when the respondent
presented the cheque for encashment through its Banker, i.e.
Bank of India, Imphal Branch, the Bank has returned the cheque
with an endorsement "stop cheque". On 20.10.2014, the
respondent issued a statutory notice to the petitioner, which was
replied by the petitioner on 07.11.2014. Despite receipt of the legal
notice, the petitioner had not repaid the amount, however, replied
on 07.11.2014. Hence, the respondent preferred a complaint. The
learned Chief Judicial Magistrate has taken cognizance and
issued summons to the petitioner.;
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