IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-52708 of 2007 Date of Decision: November 27, 2008 Ram Pal .....PETITIONER(S) VERSUS Mansarandip Singh .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Ram Bilas Gupta, Advocate, for the petitioner. Mr. A.S. Gill, Advocate, for the respondent. . . . AJAI LAMBA, J (Oral) This petition prays for quashing of complaint filed for commission of offence under Section 138 of the Negotiable Instruments Act, 1881, and order of summoning dated 22.10.2007 passed by the Sub Divisional Judicial Magistrate, Nakodar. Essentially the ground pleaded for quashing of the complaint is that the disputed cheque amount except Rs.37,194/- had already been paid to the complainant. The petitioner gave an undertaking that the sum of Rs.37,194/- would be paid in Court. Reply on behalf of the respondent has been filed today in Court which is taken on record. Learned counsel for the respondent has pointed that partnership concern was dissolved. In Crl. Misc. No. M-52708 of 2007 [2] discharge of legal liability, two cheques were issued; one for Rs.4,71,520/- and the other for Rs.53,490/-. Both the cheques were dishonoured which constrained the respondent on filing the complaint. Learned counsel for the respondent has further pointed out that the basis of the petition is the statement of accounts. The statement of accounts, however, relates to other payments which were for other purpose and not in discharge of the liability arising out of the dissolution of the partnership concern. I have considered the issue. Since the respondent has disputed the fact that the cheque amount other than Rs.37,194/- had been paid, this matter cannot be decided while exercising inherent powers under Section 482 Cr.P.C. Evidence cannot be taken by way of affidavit and counter affidavit to adjudicate and decide as to whether cheque amount had been paid as asserted on behalf of the petitioner or it was in lieu of some other account/ transaction that the amount was given to the respondent. This petition is accordingly disposed of. The petitioner would be at liberty to take all the pleas including the pleas taken in this petition, before the Trial Court. Personal appearance of the petitioner shall remain excepted, however, on the conditions to be imposed by the Trial Court. (AJAI LAMBA) November 27, 2008 JUDGE avin