Criminal Misc. No. M-14041 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14041 of 2011 Date of Decision: 9.5.2011 M/s Sona Sales …Petitioner Versus M/s Ess Ess Kay Engineering Co. Pvt. Limited. …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashok Sehgal, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition under Section 482 Cr.P.C. seeks quashing of Complaint No. 370 dated 3.6.2006 titled as “M/s Ess Ess Kay Engineering Co. Pvt. Ltd. v. M/s Sona Sales” pending in the Court of Mr.G.K. Sabharwal, Special Judicial Magistrate, Kapurthala. Learned counsel for the petitioner contends that Complaint No. 370 dated 3.6.2006 was filed against the petitioner on the ground that three cheques of ` 50,000 each, issued by the petitioner, had bounced and thus an offence has been committed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”). Learned counsel has relied upon M/s Sunil Kumar & Company and Another v. Baltej Singh Sidhu (Criminal Misc. No. M-22336 of 2008 decided on 14.10.2010) to contend that in case the petitioner is Criminal Misc. No. M-14041 of 2011 2 ready to pay the amount of cheques as per the parameters laid down in Damodar S. Prabhu v. Sayed Babalal H. 2010(2) Recent Criminal Reports 851 then the trial Court has to drop the proceedings against the petitioner. Learned counsel has placed further reliance upon case of M/s Sunil Kumar & Company's case (supra) and has submitted that under Section 141 of the Act, even consent of the complainant is not required to compound the offence. After hearing learned counsel for the petitioner, the present petition is disposed of with the direction to the trial Court that in case the petitioner makes payment of the cheques, as per the parameters laid down in Damodar S. Prabhu's case (supra), the trial Court shall follow the mandate of law laid down in M/s Sunil Kumar & Company's case (supra) and proceed in the matter in accordance with the provisions of law after affording due opportunity of hearing to the complainant. (Kanwaljit Singh Ahluwalia) Judge May 9, 2011 “DK”