Crl. Misc. No. 36872 of 2011 [ 1 ] Crl. Misc. No. 36873 of 2011 Crl. Misc. No. M-1181 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. 36872 of 2011 Crl. Misc. No. 36873 of 2011 Crl. Misc. No. M-1181 of 2011 (O&M) Date of Decision: July 15,2011 M/s Swastic Subham International Ltd. and others ............................................... Petitioners Versus M/s Natt Galary and another ................. Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Vikas Sagar, Advocate for petitioner Nos. 1 to 4, 6 and 7. Mr. D.S.Sobti, Advocate for petitioner No.5. Mr. Sunil Chadha, Advocate for the respondents. ... RITU BAHRI, J. (Oral) The petitioners have been summoned to face the trial in Complaint No.588 dated 11.10.2010 (Annexure P1) under Section 138 of the Negotiable Instruments Act vide Crl. Misc. No. 36872 of 2011 [ 2 ] Crl. Misc. No. 36873 of 2011 Crl. Misc. No. M-1181 of 2011 (O&M) summoning order dated 13.10.2010 (Annexure P2). The allegation in the complaint is that the complainants were appointed as Franchisee to establish and run brand “POZE” and were given the right to use the technical know-how and provide inputs for the purpose of rendering men's apparels for the said Store. The complainants had given `8 lacs as security and had spent `9 lac for the decoration of the said Store. Subsequently, the accused had withdrawn the franchise of the complainants and sought refund of the security by presenting the following three cheques:- Cheque No. Date Amount (`) 014737 05.08.2010 6,00,000/- 014749 06.08.2010 1,00,000/- 014750 08.08.2010 99,890/- drawn on Axis Bank Ltd., Noida. The same were accepted by the complainants and were presented before the Allahabad Bank, Ludhiana. These cheques were dishonored with the remarks “Payment stopped by the Drawer” vide memos dated 6.9.2010. Counsel for the petitioner has tendered a Draft of `8 lacs dated 13.7.2011 drawn on Oriental Bank of Commerce, Ludhiana and a cheque of `80,000/- dated 15.7.2011 towards interest which has been accepted by the Crl. Misc. No. 36872 of 2011 [ 3 ] Crl. Misc. No. 36873 of 2011 Crl. Misc. No. M-1181 of 2011 (O&M) counsel for the respondents in Court towards full and final settlement of refund of security which was dishonored. Since the amount which was subject matter of the complaint has since been satisfied, this Court has no hesitation in quashing the proceedings initiated in complaint No.588 dated 11.10.2010 (Annexure P1)and the subsequent summoning order dated 13.10.2010 (Annexure P2). In view of the judgment of the Supreme Court in Damodar S. Prabhu v. Sayed Babalal H. 2010 (2) R.C.R. (Criminal) 851 the petitioner is directed to deposit `10,000/- with the State Legal Services Authority, Chandigarh, today. Disposed of accordingly. 15.7.2011 ( RITU BAHRI ) Rupi JUDGE