CRL.M.NO.21026-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRL.M.NO.21026-M of 2010 (O&M) DATE OF ORDER: 23.7.2010 Pooja .....Petitioner vs. Sarabjit Singh ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. O.S. Batalvi, Advocate for the petitioner. JASWANT SINGH, J (ORAL) Crl.M.No.37153 of 2010 Application is allowed as prayed for. Crl.M.No.21026-M of 2010 Prayer is for quashing complaint No.2334 of 6.8.2009 under Section 138 of the Negotiable Instrument Act 1981 (for short “the Act”) filed by the respondent. Allegations against the petitioner in the complaint (P.2) are that she had taken a friendly loan from the complainant-respondent to meet her immediate requirements and cheque dated 7.1.2009 (P.3) was issued by her to the respondent in order to discharge her legal liability, which has been dishonored. Learned counsel for the petitioner submits that the petitioner had handed over a booklet containing 24 signed cheques of Rs.520/- each to her Advocate Kuldeep Bawa since he had promised to help her from taking loan from Finance Company and the cheques were to be submitted towards future repayment of the loan instalments, however, the loan was not arranged. Said Advocate in connivance with his Munshi (clerk) had not returned the cheque book, which has now been misused by the respondent. CRL.M.NO.21026-M of 2010 #2# After hearing learned counsel for the petitioner, it is evident that the petitioner is not disputing her signatures on the cheques but is alleging their misuse and thus denying the debt/liability. Keeping in view the presumptions under Sections 118 and 139 of the Act, it is evident that the appropriate forum for raising such pleas is the trial Court, where such presumptions can be rebutted by leading evidence. Therefore, at this stage, pleas cannot be entertained. No ground for interference is made out. Dismissed. July 23, 2010 ( JASWANT SINGH ) manoj JUDGE