PRABHA DEVI Vs. MAA SARASWATI EDUCATION TRUST FUND

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of complaint No.125/24, for the commission of an offence punishable under Sec. 138 of Negotiable Instruments Act (in short "NI Act"), pending before the learned Chief Judicial Magistrate, Sirmaur, District at Nahan, H.P. (learned Trial Court). (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint against the accused for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the complainant is a Group of Professional Educational Institutions. The accused was a student of the complainant's Institution. The accused enrolled in the BALLB Course being run by the complainant. She stated that she belongs to the Scheduled Caste Category and did not have a sufficient amount with her, however, she promised to pay the amount subsequently. The accused issued a cheque of Rs.1,63,800.00 on 30/12/2023 to discharge her liability to pay the outstanding dues. The complainant presented the cheque before its Bank, but it was dishonoured with an endorsement "Funds Insufficient". The complainant sent a notice to the accused asking her to pay the amount within 15 days from the date of receipt of the notice. The notice was duly served upon the accused, but she failed to pay the amount despite the receipt of a valid notice of demand. Hence, the complaint.

(3.) I have heard Mr. Sarthak Upadhyay, learned counsel for the petitioner, who submitted that the allegations in the complaint are false. The accused has paid the whole amount to the complainant. The complaint was filed without any basis. The accused has also been awarded a degree by Himachal Pradesh University, which falsifies the complainant's version that the accused had not paid the fee. Therefore, he prayed that the present petition be allowed and the complaint filed by the complainant - Institution be ordered to be quashed. He relied upon Rekha Sharad Ushir Vs. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. (2025 INSC 399) in support of his submission.