Decided on April 27,2019

Thokchom Umavati Devi Appellant
City Commercial Investment Co.Pvt Respondents


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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