IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-26573 of 2011 Decided on 12.10.2011 Rajeev Makkar and another --Petitioners vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Sunil Chadha,Advocate, for the petitioners Mr.A.S.Rai, DAG, Punjab. RAKESH KUMAR JAIN,J: (ORAL) Learned counsel for the State has conceded, on instructions received from ASI Amardeep Kumar, that the petitioners have joined the investigation. He has further submitted that recovery of amount is yet to be effected. In this regard, learned counsel for the petitioners has submitted that the dispute between the parties is of business transaction for which the petitioners have filed a suit for rendition of accounts that the cheques which were given have allegedly been dishonoured for which the complainant has filed a complaint under Section 138 of the Negotiable Instuments Act, 1881 in which the petitioners have already been released on bail. He has further referred to a decision of the Supreme Court in the case of G.Sagar Suri Vs.State of UP 2000 (1) RCR (Criminal) 707 and various other judgments which are taken note of by this Court at the time of issuance of notice that in a case where a complaint under Section 138 of the Negotiable Instruments Act is filed, offence under Section 420 IPC is not made out. CRM-M-26573 of 2011 -2- In view thereof but without expressing any opinion on the merit of the case, the order dated 02.9.2011 is made absolute subject to the conditions already contained therein. The petition is disposed of. 12.10.2011 (Rakesh Kumar Jain) RR Judge