IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.5883-M of 2006 Date of Decision:11.02.2008 Rakesh Kumar Jain .....Petitioner Vs. Rajesh Aggarwal .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. R.P.Kansal, Advocate for the petitioner. Mr. Kunal Dawar, Advocate for the respondent. **** RAJESH BINDAL, J. The challenge in the present petition is to the order dated 15.7.2004 passed by the learned Court below whereby the petitioner has been summoned to stand trial for offence committed by him under Section 138 of the Negotiable Instruments Act, 1881 (for short, `the Act') on account of dishonor of cheque issued by him for Rs.1 lac. Learned counsel for the petitioner submits that the cheque in question was issued to the respondent- complainant on account of compromise between the parties as part payment. However, as has already been recorded while deciding Crl. Revision No.1859 of 2005 today, the compromise between the parties has not been given effect to in its totality. Accordingly, the cheque in the present case cannot give any cause of action to the respondent- complainant to file a complaint under Section 138 of the Act as the earlier complaint filed by respondent- complainant for dishonor of cheque of Rs.5 lacs is already pending. These facts are not disputed by the counsel appearing for the complainant. Accordingly, impugned order passed by the learned trial Magistrate summoning the petitioner to stand trial for dishonor of cheque under Section 138 of the Act is quashed. The petition is disposed of accordingly. February 11, 2008 ( RAJESH BINDAL ) renu JUDGE